Latest news with #ProtectionofWomenfromDomesticViolence
Time of India
3 days ago
- Politics
- Time of India
Maintenance: HC stays order against ex-min
Mumbai: The Bombay High Court on Thursday stayed a lower court's order that directed former minister and NCP neta Dhananjay Munde to pay interim maintenance to a woman who claims to be his first wife subject to him depositing 50% of the amount in court. Justice Manjusha Deshpande directed the stay on the April 5 order of a sessions court that had upheld a magistrate's order. On Feb 4, the magistrate had directed Munde to pay the woman Rs 1.25 lakh per month and Rs 75,000 per month to their daughter under the Protection of Women from Domestic Violence (DV) Act. Munde's petition said he has been legally married to his wife since 2001 and they have three children. He denied marrying the woman (complainant) and said the DV Act is not applicable in this case. He said she was aware of his marital status when they entered into a relationship. The woman claimed she married Munde in 1999. tnn
India Today
5 days ago
- India Today
Know Your Laws: Domestic Violence Act
It has been 20 years since the Protection of Women from Domestic Violence (PWDV) Act was passed. Yet, in May this year, the Supreme Court pulled up both state and central authorities for failing to fully implement the mechanisms the law mandates for the protection of Is Domestic Violence?Domestic violence refers to any form of abuse or violence against a woman within a shared household. This violence can take various forms:advertisement 1. Physical ViolenceThis includes acts ranging from a slap—like the one depicted in the movie Thappad—to more severe beatings that cause physical injury.2. Mental or Emotional CrueltyThis can include repeated insults, humiliation, threats of violence, dowry demands, and other coercive behaviour. Courts have held that:Forcing a woman to give up her education after marriage, orForcing her to accept her husband's extramarital relationship constitutes mental have also ruled that making false allegations about a wife's sexual or romantic past amounts to cruelty.3. Sexual ViolenceThis includes forcing a wife to have sex, physically hurting her during intercourse, or coercing her into sexual acts against her will.4. Financial AbuseExamples include:Refusing to provide money for household needsTaking away a wife or daughter-in-law's entire salaryadvertisementPreventing her from workingNot paying for a child's basic needsIs It Only for Wives?No. The Act covers all women living in a shared household. This includes:MothersSistersWidowsPartners (married or otherwise)Women in adoptive or joint family relationshipsHowever, a female relative of a male partner or husband cannot file a complaint under this Act against a wife or female example:A mother-in-law cannot file a DV complaint against a daughter-in-law, unless it is for abetment of violence by the daughter-in-law.A daughter-in-law, however, can file a complaint against a mother-in-law or any other female relative of her Can File a Complaint?Any woman who believes she has been subjected to domestic violence can file a complaint. If the woman is unable to do so herself, a relative, neighbour, or even a colleague can file it on her Can a Complaint Be Filed?A DV complaint can be filed with:A police officerA Protection OfficerAn NGO designated as a service providerA MagistrateSupreme Court's ConcernIn its May 20 observations, the Supreme Court noted:Many states have not appointed Protection OfficersThere is a significant delay in empaneling NGOs and other service providersadvertisementThere is widespread lack of awareness about the ActThe court directed:State Legal Services Authorities and NALSA to expand awareness programmesDeployment of legal aid lawyers in every district to assist women in DV casesWhat Happens After a Complaint Is Filed?The Protection Officer or police registers the complaint and fills a Domestic Incident Report. This is then submitted to a practice:Police may call both parties for counsellingIf needed, the complainant may be taken for medical treatment or to a shelter homeWhat Can the Magistrate Do?The Magistrate can pass several orders, including:Counselling orders for either or both partiesProtection orders to provide police protection to the womanResidence orders preventing her eviction from the householdMonetary relief for expenses and losses sufferedCustody orders for temporary care of childrenCompensation for physical and emotional harmImportant NoteEven if a state has not appointed Protection Officers, a police officer or NGO can directly move the Magistrate for relief.A DV complaint can also be:Filed alongside an FIR in cases of physical assault or dowry harassmentUsed as supporting evidence in divorce proceedings on grounds of crueltyMust Watch
