top of page
Search
Writer's picturelead india
Jul 12, 20233 min read

Is The Hindu Marriage Act Helping Brides From Domestic Violence?

Prior to 1983, there was no explicit statute in India that addressed domestic violence. Section 498A was added in 1983 when the Indian Penal Code (45 of 1860) was modified. 'Matrimonial Cruelty' against a woman is covered by Section 498A. In India, matrimonial cruelty is now a punishable offense that is not subject to bail and cannot be compounded.


The definition of "violence against women" in the Declaration on the Abolition of Violence Against Women is "any act of gender-based violence that results in, or is likely to result in, women, whether in public or private life, from physical, sexual, or psychological abuse or suffering, including threats of such behavior, coercion, or arbitrarily denying them their freedom.


Domestic violence is a subset of violence against women and is described as "violent or aggressive behavior within the home, usually involving the violent abuse of a spouse or partner." Given that certain rules and practices that could be viewed as regressive strongly define Indian society, there is a problem there.


Regulations like the Protection of Women from Domestic Violence Act, 2005, and other changes to the Penal Law are in place in India to control a variety of behaviors that are demeaning to modesty and diminish people's self-esteem. The idea of maintenance has been around for a while in our society as a way to preserve a divorced woman's rights and give her some minimal economic support to live a decent life. Maintenance is a defined term according to the Hindu Adoptions and Maintenance Act, 1956, Section 3(b). The Domestic Violence Act of 2005 has resulted in several key judgments on the subject, but the most heated debate still surrounds the wife's right to maintenance.

Act of 2005 Protecting Women from Domestic Violence:

Section 24 of the Hindu Marriage Act and Section 18 of the Hindu Adoptions and Maintenance Act of 1956 all refer to the concept of financial assistance. Domestic violence must be established before receiving financial assistance under Section 20 of the Act, according to recent decisions rendered under these provisions of the law. The Protection of Women Against Domestic Violence Act does not permit children to obtain financial aid if a woman cannot demonstrate that her husband has physically assaulted her, according to a recent ruling by the High Court.


Sections 24 and 25 of the Hindu Marriage Act of 1955 deal with temporary alimony and permanent alimony, respectively. The application of Section 24 of the Hindu Marriage Act and Section 125 of the Criminal Procedure Code is very different. It is impossible to avoid having to pay maintenance and court expenses related to the time the proceedings were ongoing, regardless of what transpires in the petition after an order under this section is made. The fact that the petition was ultimately denied does not excuse the initial wrongdoing.


Remedies:

  1. Restitution of Conjugal Rights: When one spouse separates from the other or stops being in each other's presence without a valid reason, the aggrieved spouse may seek redress in court.

  • Three requirements must be demonstrated:

  • The respondent's separation from the petitioner's society

  • The withdrawal lacks any justifiable or legitimate justification.

  • The truth of the claims mentioned in the petition must be accepted by the court.

  1. Judicial Separation: Section 10 of the Hindu Marriage Act of 1955 provides for it. It serves as a last alternative before the legal dissolution of the marriage: divorce. A husband or a wife are not required to reside with their spouse once a legal separation decision has been granted. A petition for a decree of judicial separation may be filed by the spouse who feels aggrieved by the marriage on any of the grounds listed in Section 13 of the Hindu Marriage Act's provisions for divorce. Following the issuance of the order for judicial separation, the parties may file for divorce if there has been no cohabitation between them for a period of one year or more.

If the couples live in Faridabad, then a court marriage in Faridabad may be done. Moreover, if the couple lives in Delhi, then the court marriage process Delhi should be followed and court marriage in delhi fees should be paid.


To address the issue, Lead India provides information, legal services, and free legal advice online. To get the best guidance in this circumstance, ask a legal question online and talk to a lawyer.


Call Us: +91–8800788535

Email: care@leadindia.law


4 views0 comments

Kommentare

bottom of page