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LookingForHelpingHand (Individual)     16 September 2014

All about dv

Dear All,

What is the scale of severity so that it can be called as Domestic Violence.  If wife says that husband committed domestic violence 3 months back or 6 months back, does this have validity.

thanks in advance.

lookingforhelpinghand

 

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     17 September 2014

@ Author,


1. 
Good innocent question.

2. Any “violence” is committed in ‘present’ and is never “continuous” as per Criminal Laws of the Land. The Procedure followed by this Act is Criminal Procedure Code. When Criminal Procedure Code does not contain definition of ‘violence’ then IPC is referred to and interpreted accordingly. However under this Quasi - Criminal statute it is considered as ‘continuous’ which has baffled me till date.

3. When you give color of ‘Civil’ to a Quasi - Criminal statute then it is said that ‘since a civil wrong is continuously being committed’ hence this Act attains validity and thus proceedings under DV Act are rightly instituted upon respondent(s)..

4. Hence, discover many more flavors of this Bharat Ratna Act yourself in the days to come.  

 

[Last reply] 

Samir N (General Queries) (Business)     17 September 2014

The Domestic Violence Act clearly defines the term "Domestic Violence" under Section 3 of the Act.  When writing your defense to a DV case, you must have the Act and this section before you so you can defend properly or even have the case dismissed at the outset. Also quoting this section or relevant parts in your Written statement or any other written submissions will impress the Judge that you have done your homework. Unfortunately for us men, the definition is very broad and far-reaching. For women, when writing a DV Petition, they should quote the specific section and describe the act alleged using the language in the Act, to have any meaningful impact. 


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