Provided under the Protection of Women from Domestic Violence Act, 2005 (DV Act), an application before the Magistrate court could be filed by a divorced woman, who can claim a number of remedies, except for the residence in a shared household. No court has appeared to have allowed a residence order to a divorced woman in a shared household so far.
The DV Act in a nutshell
The objective behind the DV Act is to ensure an effective protection to women who are being subjected to various kinds of violence occurring within the family and matters connected thereto.
Anyone who is aware of the commission of any act of domestic violence can inform the Police and the Protection Officer. It is the duty of the respective police officer to proceed with, in case there is a commission of cognisable offence.
The aggrieved person should have a domestic relationship
It is important to note that an aggrieved person in a domestic violence case should be a woman. Such women should be or had been in a domestic relationship with the respondent and allege of having been subjected to domestic violence by the respondent.
A domestic relationship can be understood as a relationship between two persons who are living or have lived in a shared household, whether they are related due to consanguinity, marriage or through a relationship in the nature of marriage, also known as live-in relationship or as the members of
a joint family.
The shared household including the joint family is a household, where the aggrieved person lives or has lived with the respondent at any stage during a domestic relationship with some permanency, irrespective of the fact that either of them had any right, title, interest or equity in it.
Remedies provided by a Magistrate
An application could be filed to the Magistrate by an aggrieved person or any one else on her behalf, seeking one or more reliefs which have been provided under Section 12 of the DV Act.
After hearing both parties, the Magistrate on being satisfied that the domestic violence has taken place, could issue a protection order prohibiting the respondent from committing an act of domestic violence, aiding or abetting it or even attempting to communicate with the aggrieved woman, alienate any assets or cause any violence to any person who is dependant, is a relative or assisting the aggrieved woman as provided under Section 18 of the Act.
A breach of such protection order by the respondent is an offence which is punishable with imprisonment for a term extendable to one year or with fine.
Whether a divorced woman can claim residence
A domestic relationship could be understood as a relationship sustaining between an aggrieved person and the respondent.
If a divorced woman could apply for residence in a shared household after her divorce from the respondent and thus completely ending their domestic relationship is a question which lingers in the mind of many people particularly after the interpretation of the term shared household by the SC in a recent judgement.
The Juveria case did not answer the question if a divorced wife has a right to claim shared household. The SC, however, has not issued guidelines related to whether a divorced woman can file a case in regard to residence in the shared household even after her divorce.
Conclusion
From the above discussion, it could be inferred that domestic violence cannot be rejected in the absence of any domestic relationship merely. However, in order to have a better understanding regarding the circumstances and situations related to the same, it is advised to seek legal opinion of experienced Divorce lawyers in Ghaziabad or Divorce lawyers in Gurgaon.
Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to issues including, divorce, child custody, maintenance, domestic violence. Thus, if you wish to seek legal guidance from an experienced Divorce lawyers in Noida, or if you wish to talk to a lawyer or to seek free legal advice online, you may contact us.
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