Prohibition of Domestic Violence in India

Domestic Violence:-

Domestic Violence is an evil upon the Indian society and the government has taken many steps to eradicate the same. The negative effects of domestic violence decreased well-being of the family in general, effect on mental and physical health of both the spouses and negative effects on children. Protection of Women from Domestic Violence Act, 2005 (DV Act) Under the Indian Penal Code, provisions have already been provided for protection of women from violence, however a separate Act was required so that protection could also be given to women under civil laws of the country. This was expressed by the supreme court in the case of Indra Sarma v. V.K.V Sarma (2013). The DV Act is a civil law implemented in the country from the year 2005. The Act prohibits any actions by husbands which can cause danger to the mental and physical health of the wife. Damage to children, life, limb, and property are also tackled under this Act. If the wife is being tortured for fulfilling some unlawful demands or the husband and in-laws demand dowry, such reports can also be filed under the DV Act.   Domestic Violence in India Protective Orders that can be passed

1. Residence orders: If the court feels that it would be better if both the spouses would reside separately at different locations in order to avoid domestic violence, the court can order the husband to make sure that the wife has received a proper shelter at a separate place. Similarly, if the wife is troubled because her husband refuses to stay with her under the same roof, the court can enforce the rights of the wife under the relationship of marriage and order the husband to stay with her.
2. Domestic Violence  
3. Prohibitory orders: If the court feels that regular interaction with the husband would cause more harm to the wife, the court can order the husband to stop any kind of interaction with her so that she is not troubled.
4. Monetary reliefs:  Wives can also be tortured when the husband refuses to pay any money which is to be spent for the personal expenses of the wife such as medical bills. The husband may even stop the wife from getting basic amenities of life. In such cases, the court awards a monthly allowance to be paid by the husband to the wife.

Domestic Violence Punishments The punishment for violating any prohibitory, residence on monetary order given to the husband is an imprisonment up to 1 year or a fine of rupees 20,000 or both. Moreover, the offense of domestic violence is a cognizable one (the police can arrest without warrant). Conclusion A lot of cases have been found where charges of domestic violence have been falsely imputed upon the husband in order to gain monetary benefits through a lawsuit. This is a serious drawback of this Act. To overcome this drawback, the courts are placed with an extra burden to  the facts of each case very minutely and ensure that the charges are real.