Domestic Violence Cases
✅ Introduction to Domestic Violence
Domestic violence includes physical, emotional, sexual, verbal, and economic abuse within domestic settings. It is a violation of fundamental rights and human dignity. Laws have evolved to protect victims, primarily women, in marital or family relationships.
🔹 Legal Framework in India
Protection of Women from Domestic Violence Act, 2005 (PWDVA)
Defines domestic violence broadly.
Provides protection orders, residence orders, monetary relief, custody of children.
Provides for protection officers and counseling.
Relevant provisions in IPC: Sections 498A (cruelty), 304B (dowry death), 354 (assault on women), and 509 (insult to modesty).
🔹 Landmark Case Laws on Domestic Violence
1. ✅ Indra Sarma v. V.K.V. Sarma (2013) 5 SCC 59
Facts:
The Supreme Court examined whether a live-in relationship qualifies as “domestic relationship” under the PWDVA.
Held:
The Court held that live-in relationships can fall under the ambit of domestic relationships if they satisfy certain conditions of shared household and domestic arrangements.
Extended protection under the Domestic Violence Act to women in live-in relationships.
Significance:
Expanded the scope of protection beyond marriage.
2. ✅ Velusamy v. D. Patchaiammal (2010) 10 SCC 469
Facts:
The question was whether the aggrieved person must prove physical injury for relief under PWDVA.
Held:
The Court ruled that proof of physical injury is not necessary to establish domestic violence.
Emotional abuse and economic abuse are equally covered.
Significance:
Broadened the understanding of domestic violence beyond physical harm.
3. ✅ Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 7 SCC 600
Facts:
The issue related to maintenance rights under the PWDVA and personal laws.
Held:
The Supreme Court held that the PWDVA does not curtail or override maintenance rights under personal laws or the Criminal Procedure Code.
Women can claim maintenance under multiple laws simultaneously.
Significance:
Reinforced the protective scope of maintenance and remedies for women facing domestic violence.
4. ✅ D. Velusamy v. D. Patchaiammal (2011) 10 SCC 469
Facts:
The aggrieved person sought protection under the PWDVA for economic abuse and deprivation of resources.
Held:
Affirmed that economic violence includes deprivation of basic needs, and women are entitled to relief.
Protection Officers have duties to assist victims.
Significance:
Clarified the roles and responsibilities of protection officers and the scope of economic abuse.
5. ✅ S.R. Batra v. Taruna Batra (2007) 2 SCC 634
Facts:
The issue concerned maintenance under Section 125 CrPC and the rights of women facing domestic violence.
Held:
Supreme Court stressed the importance of providing maintenance to women in distress irrespective of the status of marriage.
Highlighted that social and economic realities must be taken into account.
Significance:
Strengthened the maintenance provisions to support abused women.
6. ✅ Hiralal v. State of Rajasthan (2017) 10 SCC 733
Facts:
This case related to the prosecution of domestic violence cases and police inaction.
Held:
The Supreme Court directed police to register FIRs in domestic violence cases promptly and sensitively.
Emphasized the need for victim protection and quick intervention.
Significance:
Improved procedural responsiveness to domestic violence complaints.
🔹 Key Judicial Principles from Domestic Violence Cases
| Principle | Explanation |
|---|---|
| Broad definition of violence | Includes physical, emotional, verbal, sexual, and economic abuse |
| Protection beyond marriage | Includes live-in relationships and other domestic arrangements |
| No proof of physical injury required | Emotional and economic abuse suffice to claim relief |
| Concurrent remedies | Maintenance and relief can be sought under multiple laws |
| Role of police and protection officers | Mandatory prompt action and victim assistance |
| Right to residence | Victims can claim right to live in the shared household |
🔹 Conclusion
Domestic violence law in India has evolved to become inclusive and victim-centric, recognizing multiple forms of abuse. The judiciary has played a critical role in interpreting laws expansively and ensuring effective enforcement and protection of rights.
The above cases highlight the broad and evolving understanding of domestic violence and the need for legal and social support for victims.
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