Domestic Violence

Domestic Violence can be described as where one adult in a relationship misuses power in order to control another. It is the establishment of fear in a relationship through violence that includes other forms of abuse. The violence may involve physical abuse, sexual assault and threats. At times it can be more subtle, such as making someone feel worthless, not letting them have any money, or not allowing them to leave the home.An Application can be filed to the Magistrate under Section 12 of the Domestic Violence Act, 2005. Orders such as residence, protection, monetary relief, compensation order can be passed by the Magistrate. 

Complaint can also be filed under Section 498A for cruelty by husband or his relatives along with demand for dowry.The words “shared household” were considered by Supreme court in SR Batra v Taruna Batra AIR 2007 SC 1088, to mean house belonging to or taken on rent by husband or house which belongs to joint family of which husband is a member .If it is exclusive property of mother in law , it cannot be called a joint family property.A wife cannot claim and is not entitled to stay in her father in law’s house using the Domestic Violence Act- It was held by the Delhi Court in Sudha Mishra v. Surya Chandra Mishra RFA 299/2014.