The law in India on the protection of Women Against Domestic Violence Act (PWDVA) of 2005 And Maintenance, Protection of Women from Domestic Violence Act 2005, Matters were covered in the Domestic Violence Act 2005, Punishment is awarded on domestic violence.
Introduction of the Protection of Women against Domestic Violence
In India, domestic violence is regarded as a serious social offence, with one of the world’s highest rates. Regardless of their gender, social position, religion, race, sexual orientation, or age, millions of people, mostly women, are affected.
Women’s Protection Against D.V and Maintenance
Domestic violence is a term that refers to violence that occurs within a marital relationship when one partner, mainly a man or his family, uses a pattern of harassment and intimidation to exert power & control over the other, the partner usually a woman. As previously stated, such violence frequently targets women as victims. Most women regard this as a general domestic issue and choose to remain silent in order to protect their family’s reputation.
Because crime is so common in India, the govt. and authorities make every effort to protect women. PWDV Act of 2005, as well as numerous Criminal Law new amendments, have been put in place to address various crimes that violate a woman’s dignity and modesty.
The notion of maintenance is an additional safeguard for a woman’s modesty, providing her with the financial means to live a basic, decent standard of living.
The Maintenance Concept in the Context of D.V
Sec. 2(k)(6) of the D.V Act, 2005, Section 24 of the H.M.A., & Sec. 18 of the H.A.M.A (Hindu Adoptions and Maintenance Act), 1956 all mention monetary relief (maintenance). According to some recent court decisions, if domestic violence is not proven, the wife is not liable for any monetary relief u/s 20 of the act. According to a recent judgment by a High Court, if a woman cannot prove domestic violence, neither she nor her children are entitled to any monetary relief.
Sec.125 of Cr. P.C., 1973, as well as personal laws, deal with maintenance in India. Wife, children, and parents have a right to adequate food, clothing, as well as shelter. However, after separating from his wife, children, & parents, a man has a social & moral responsibility to maintain their well-being.
In Indian society, there is a widespread misconception that a working woman is not entitled to or can’t claim maintenance because she earns and can support her own family. Even if she probably earns a monthly income that is insufficient to support her and her children’s lives, Indian judicial systems recognize a woman’s right to seek maintenance from her separating or divorcing husband.
In Savita Bhanot vs. Lt.co. V.D Bhanot,
Case filed under the PWDVA, the court decided that the wife is legally entitled to maintenance even if the DV occurred before the legislation was enacted.
Domestic violence is defined as an act of gender-based violence that causes or is likely to cause any woman mental anguish, whether physical, mental, or sexual. Domestic violence can also come in the form of threats, force or violence, or arbitrary deprivation of her liberty in both professional and personal life. As a result, India has the Protection of Women Against Domestic Violence Act, 2005, which protects women of all classes of society, religions, races, religions, and social statutes.
Domestic Violence Statutes
As per a recent survey, 70% of women in India are either victims or have been victims of domestic abuse. I.P.C, 1863 sec. 498(a) initially introduced domestic violence when a woman’s husband or a relative of the husband subjected her to cruelty.
The Parliament of India passed the Protection of Women Against D.V. Act, on 26 Oct 2006. This act varies significantly from section 498(a) of the IPC in that it expands the concept of D.V.
Also, there are numerous provisions for the PWDVA under various statutes, such as Sec. 304(b) of the I.P.C., 1983, for cruelty, which also falls under the interpretation of D.V.
In 2013 The criminal law was amended several sec. of I.P.C, Cr. P.C., and I.E.A. were major turning points in the subject.
The terminology sexual assault & rape were clearly stated & added to the amendment, as well as the punishments and sanctions.
In India, there are several laws that govern maintenance
The procedure and maintenance are outlined in various statutes. It’s as follows: –
Criminal Procedure Code
Sec. 125 of CrPC defines the concept and procedure of maintenance for a man’s wife, children, as well as parents. In a divorce case, a court may issue an order to a husband who has sufficient means of income for facilities and infrastructure for his wife if she is unable to support herself and earn. The wife, on the other hand, is not legally entitled to maintenance if she is living in extramarital affairs (adultery), refuses to live with the husband for any unreasonable reason, or lives completely separately with mutual consent.
The maintenance is provided u/s 25 of H.M.A, 1955: “In such case scenarios, the court may issue an order either the husband or the wife is obligated to pay maintenance in either a fixed amount, monthly or annually for the rest of their lives.”
Hindu Adoption & Maintenance Act of 1956
A wife who is born a Hindu has an absolute right to get maintenance from her husband for the rest of her life, as per Sec. 18 of this act. The wife has the right to separate accommodation as well as maintenance in any of the instances specified in Section 18(2) of this Act. If she simply refuses to consummate the marriage or converts willingly, she is not legally allowed to get maintenance. Meanwhile, u/s19 of the act, a widowed woman is legally entitled to get maintenance from her father-in-law.
Personal Laws of Maintenance in India
As per the Muslim Women under the Protection of Rights on Divorce Act, which has since been revised and amended a wife has a lawful right for maintenance from her husband.
According to the laws, the amount of Mehr consented to during the marriage must be provided to the wife. She is also entitled to a fair as well as a reasonable amount of maintenance during her Iddat period.
After the Idaat period, if a Muslim woman is divorced and therefore unable to financially support herself, the Judicial Magistrate can issue an order to her family members, who will pay her deemed appropriate maintenance as well as inherit her assets.
If the woman’s family members are incapable of paying the maintenance, the Judicial Magistrate may issue an order that it be required to pay by the State Wakf Board, which was established by the Wakf Act of 1995.
A divorced Christian woman is legally entitled to maintenance under the Indian Divorced Act of 1869. Sec. 37(41) of the Indian Divorce Act, 1869 allows her to seek maintenance in a lower or higher court. According to the act, the husband is obligated to pay his wife for the rest of his life.
A Parsi woman is entitled to get maintenance u/s 40 of the Parsi Marriage & Divorce Act of 1963. A judge can issue an order for the husband to pay one-fifth of his gross income to his wife as maintenance under the section. However, the court has considered a few Aspects. In particular, the husband’s capacity to pay, the wife’s property and assets, and the husband & wife’s personal behavior.
It’s important to note that after a divorce, a wife is only entitled to lifetime maintenance if she remains unmarried and chaste.