Legal Guide

Can there be Domestic Violence Divorce?

by Bhavya Choudhary · 3 min read

Domestic Violence divorce

Introduction

  • Violence is not acceptable in any type of abuse, child abuse, elder/old people abuse, or wife/husband abuse. Domestic violence is synonymous with every kind of violence in a family.
  • A “Domestic Violence Divorce,” according to the Indian Judicial System, can be opted against any emotionally or physically damaging relationship.
  • Intimate partner violence means abuse between individuals in a married relationship. It is also related to people who are not married yet but are in a relationship commitment.
  • It can lead to mental and physical health disorders which are dangerous and should be carefully sorted out by taking appropriate legal advice.

Domestic Violence Act Explained

“Domestic violence divorce” is a legal instrument through which individuals can seek justice for what they have suffered and grievances are specified in front of the Hon’ble Court.

The forms of such violence are:

  • Harm and damage to one’s life, limb, or well-being.
  • Mental and physical trauma, abuse, or beating.
  • When a person harms, insults, or coerces someone for dowry, to fulfill unlawful demands.
  • Threatening acts where the person tries to make advances for taking life or sexual abuse.
  • Any other injuries or torture.

Physical abuse

  • Physical assault or abuse, beating, and taking advantage by criminally intimidating the grieving partner. This can lead to the ground for domestic violence divorce.

Sexual Abuse

  • Any kind of force or assault used in intimate situations. Forceful usage of immoral activities and videos; using actions with her to entertain others and other types of forceful sexual relations, which is humiliating and degrading for the grieving individual.
  • It can be used as a ground for domestic violence divorce, and the grieving party may hire a divorce lawyer to understand and take correct legal action against the accused.

Emotional or Mental Abuse/Torture

  • Accusing the woman of a bad character or immoral motives. Thrashing or torture for a male child and insult when the inability to do so.
  • Career and educational barriers and threatening terms when they make their own decisions.
  • Prohibitive behavior from going out of meeting family or friends. It is also a reason that contributes to domestic violence and divorce.

Domestic Violence and Economic Abuse

  • A person committing “domestic abuse” might pressure their victim to leave home or arrange for dowry from parents or any relative or known person. Asking for their jewelry and other personal effects of their addictions.
  • Refusing to provide cloth, food, medicine, or education. Misusing Stridhan for their bad habits. Non-economic and behavioral traits and taking their money or salary by force can make the grieving party opt for domestic Violence divorce.

Who is covered under the Domestic Violence Act 2005?

  • The domestic violence act is introduced to defend every person who has been a victim of such issues. They can use it as a ground for domestic violence divorce with sufficient evidence against the accused.
  • This is mostly used in cases of women being oppressed and abused in marriages where the family of the husband or the husband assaults her and forces her away from education, career, and family.
  • With proper legal advice from a divorce lawyer, a woman can voluntarily file a domestic violence divorce.
  • The relationship between the parties may be of marriage or live-in.

Eligibility to file a Complaint against Domestic Violence

  • There are certain scenarios where one can file a complaint or petition for domestic violence divorce.
  • Victims of domestic violence and abuse in India can file a complaint themselves or can also ask someone trustworthy to file a complaint against the offender on their behalf for “domestic violence divorce.”
  • A minor/child in India can also receive justice as per the Domestic Violence Law. The child can ask a trustworthy elder/their mother/anyone to file a complaint on their behalf for justice.
  • There might be cases where they don’t have anyone around to file a complaint, so they can ask any person with authority to help them.

Domestic Violence Divorce can be filed against?

  • A domestic violence divorce in India can be filed for a man offender who is in a relationship with a woman. They can be married or not, but still, the woman or man is eligible for receiving relief through this act.
  • The woman can apply for domestic violence divorce in India against the husband’s family and husband. The man can also prove their grievance in front of the court with appropriate evidence to receive relief.
  • The grounds for domestic violence divorce in India require disclosure of evidence regarding male and female members who were abusive and assaulted the victim. It can lead to physical and mental disorders and is not legally accepted.

Can domestic violence complaints be filed after Divorce?

  • According to the Supreme court of India, a woman is eligible to file a complaint under the Domestic Violence Act against the husband/offender, in which case she will be charging the husband under domestic violence divorce for domestic abuse and offending behavior accordingly.
  • This judgment was given after a marital dispute affair by the Supreme court.
  • There was an appeal mentioning how the domestic violence act that came into form in 2006 Oct can be misused and violated by some individuals.
  • The law can act as a convenience for revenge by some people who can take advantage of the loophole.
  • The appeal will be rejected if any individual has ties with the accused person before the Act, and the individual was a victim of domestic abuse, they will invoke the relief as provided by the same Act.
  • The victim of domestic violence in India can complain to her/his husband/wife respectively under the Indian domestic violence divorce law for stalking, abusing, threatening, misbehaving, and violence against his/her and family members if they commit such immoral activities. He/She can claim justice through the court for shared property issues.

Conclusion

With changes in law and obligations, domestic violence and abuse are taken seriously, and people can consider talking to a divorce lawyer or a professional counselor to help them with documents and further reasoning. 

Consulting a lawyer will help the individual understand what provisions and Acts are put forward in such cases and where to receive relief against abuse.

Bhavya Choudhary

Written by

Bhavya Choudhary

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