Frequently Asked Questions
Check out some of the common questions
FAQs: Domestic Violence Law in India?
Q. What is domestic violence and domestic violence law in india?
A. Domestic violence is violence or other abuse in a domestic setting, such as in marriage or cohabitation. Domestic violence law in india or DV law have three laws for Domestic violence in India which deals with punishment and Penalty for domestic violence in India.
- The section 498A of the Indian Penal Code.
- The Dowry Prohibition Act, 1961.
- The Protection of Women from Domestic Violence Act, 2005.
Q. What’s the difference between a 498A and domestic violence case?
A. DV is known for the complaint related to any violence for eg financial, mental, social, physical etc where immediate proof is not available. 498A is considered as more heinous way of complaint, in this complaint a direct FIR can be registered and earlier direct arrests too.
Q. What is section 12 of Protection of women from Domestic Violence in India?
A. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs mentioned under PWDVA.
Q. What steps should a man take if he is falsely accused of domestic violence by his wife?
A. The alleged defendant will require zealous advocacy on their behalf by a knowledgeable lawyer.
Q. What is process of filing Domestic Violence cases in India?
A. A lady has to file a petition in the nearest Mahila court or First Class Magistrate.
Q. What is the difference between Domestic Violence and Harassment?
A. Domestic violence is violence or other abuse in a domestic setting, such as in marriage or cohabitation. Harassment is unwanted conduct that occurs with the purpose or effect of violating the dignity of an individual or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Q. Can DV case be quashed?
A. Yes, it can be quashed against the respondents who don’t have any domestic relationship with the lady.
Q. What are the proceedings to be followed after filing Domestic Violence case?
A. After an application is filed by the lady, a reply is filed by the husband and then the trial proceeds.
Q. If parents are living sepearely, still can they be made respondents in a DV case?
A. o. But if they are then their names will have to be removed through an application by them.