The Protection of Women from Domestic Violence Act 2005 (PWDVA) is a law in India that provides for the protection of women from domestic violence. This law defines domestic violence as any act, omission, or commission or conduct that harms or injures or endangers the health, safety, life, limb,...
Domestic Violence
Right to residence is a fundamental right in Article 21 Constitution of India
The right to residence is a fundamental right protected under Article 21 of the Constitution of India. This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." This includes the right to live in a safe and secure...
How to protect the aggrieved person from dispossession from the shared household?
Question: How to protect the aggrieved person from dispossession from the shared household? My husband and his parents are trying to dispossess me from the matrimonial home. That matrimonial home is my shared household as defined under the domestic violence act. No one is coming up to protect me...
Shared household in Domestic Violence Act
A shared household, as defined in Section 2(s) of the Domestic Violence Act, is a residence where the aggrieved person (the person who is experiencing domestic violence) has a right to reside, regardless of whether they own or rent the property. This means that a shared household can be any...
Definition of aggrieved person in the Domestic Violence Act
In the context of the Domestic Violence Act, an aggrieved person is an individual who has been subjected to domestic violence by a family member or a person with whom they have been in a domestic relationship. This can include physical, emotional, sexual, or economic abuse, and can also include...
Right of an aggrieved person in the domestic violence act
The aggrieved person has these rights in the Domestic Violene Act 2005. Protection order: An aggrieved person has the right to seek a protection order from the court, which prohibits the perpetrator from committing further acts of domestic violence, and also provides for the safety and well-being...
Interim relief in domestic violence act
The Protection of Women from Domestic Violence Act (PWDVA) is a law in India that provides for the protection of women from domestic violence. The Act provides for various forms of relief for women who are victims of domestic violence, including interim relief. Interim relief refers to a temporary...
Court did not summons the sister in law in a domestic violence case: What to do?
Question: Court did not summons the sister in law in a domestic violence case: What to do? My case of domestic violence is pending in the judicial magistrate’s court. In which three accused have been summoned. But the court is not summoning the sister in law only because she is not residing in the...
My sister in law has robbed my gold
Question: What cases can I file on them, especially my sister in law and her husband who is the primary person and how can I go back home with protection? I'm a victim of domestic violence from my in-laws and husband, my sister in law and her husband. Now they thrown me out of house with pregnancy...
Is it mandatory to send a legal notice to my sister-in-law before the filing of a domestic violence case?
Question: Is it mandatory to send a legal notice to my sister-in-law before the filing of a domestic violence case? My sister in law has harassed me and today she threw me out of my husband’s house at 9 pm along with my 2 years old daughter. Staying with my parents but no one is supporting me....
My two sisters-in-law’s and mother-in-law are not allowing me to stay in matrimonial home
Question: My husband died on 9th September 2022. My two sisters-in-law's and mother-in-law are not allowing me to stay in the matrimonial home. They have taken all my husband's belongings and documents under their possession. I have a 10 year old daughter. I have no source of income and nowhere to...
Can I evict my wife from my rented house after filing of divorce case?
Question: Can I evict my wife from my rented house after filing of divorce case? I want separation from my wife. I filed a Divorce case in Jan 2022. My wife filed a false DV case in FEB 2022. Now she and the 2-year male child are staying in her mother's house. She is occupying a separate portion...
Can the wife claim residence order in the husband’s self acquired property?
A wife who has been through domestic violence, left the matrimonial house owned by her widowed mother in law. Can the wife claim residence order in the husband's self acquired property? Her Husband has a self acquired property in the same street of matrimonial house. Can this wife get a...
My sister in law is torturing me : Can I take any legal action against her?
Question: My sister in law is torturing me on very petty issues. I used to ignore her activities because I want peace in my life. She assaulted me on my first karwa chauth when I was 6 month pregnant and she shouted a lot and asked my husband to call my di and jijaji. She was asking because I was...
My Husband is a psycho, pretends to be normal
Question: My Husband is a psycho, pretends to be normal and torches me since my marriage time till now, waiting for change. My father passed away due to his psychic behaviour and abnormal condition and performing paranormal things at home. It gets me scared at home alone and not giving proper food...