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Protection of Women from Domestic Violence Act, 2005

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

 Definition of domestic violence:

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved

(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

(iii) “verbal and emotional abuse” includes-

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

(iv) “economic abuse” includes- Read More…

Grounds for Divorce in India

GROUNDS FOR DIVORCE FOR BOTH IN INDIA:

  1. Adultery – voluntary sexual intercourse with any person other than spouse. Does not include rape. One single act of adultery is enough for divorce or judicial separation.
  2. Cruelty – concept of cruelty includes conduct or such character as to have caused danger to life, limb or health, bodily or mentally or as to have risen to reasonable apprehension of such danger. Mental cruelty is more severe than physical cruelty. Scolding or nagging has also been considered as cruelty. Also, when a husband tried to strangulate wifes brother and his younger son in a fit of insanity he was held to be cruel. Thus, temporary insanity or schizophrenia cannot be an argument against the claim of cruelty.
  3.  Desertion – when a spouse permenanty abandons the other without any reasonable cause and without the consent of the other for a period of not less than 2 years.
  4. Conversion – when a party has ceased to be a hindu by conversion to another religion.
  5. Insanity
  6. Leprosy
  7. Veneral disease
  8. Renunciation – when a party has renounced the world by entering into any religious order.
  9. Civil/social death – that the other party has not been heard of as being alive for a period of seven years or more, by the people who would naturally have heard of the party, had that party been alive.

GROUNDS OF DIVORCE FOR WIFE IN INDIA:

  1. Bigamy
  2. Rape, sodomy or bestiality
  3. Repudiation of marriage – in the case of child marriages.