Domestic Violence & Divorce
Domestic Violence & Divorce in India
What is Domestic Violence?
Domestic violence includes physical, verbal, emotional, sexual, and economic abuse by a family member against another.
It can occur within marriage or family relationships.
The law aims to protect victims and provide remedies to ensure safety and justice.
Relevant Laws
| Law | Purpose |
|---|---|
| Protection of Women from Domestic Violence Act, 2005 (PWDVA) | Provides protection and relief to women facing domestic violence in any form. |
| Section 498A, IPC | Criminalizes cruelty by husband or relatives causing mental or physical harm. |
| Hindu Marriage Act, 1955 | Grounds for divorce include cruelty (Section 13(1)(ia)). |
| Special Marriage Act, 1954 | Similar grounds for divorce for interfaith marriages. |
| Code of Criminal Procedure (CrPC) Section 125 | Maintenance provisions, including for women facing domestic violence. |
How Domestic Violence Relates to Divorce
Grounds for Divorce
Under Hindu Marriage Act (Section 13(1)(ia)) and Special Marriage Act (Section 27), cruelty — which includes domestic violence — is a valid ground for divorce.
Courts recognize domestic violence as mental cruelty that justifies ending the marriage.
Protection Orders
Under PWDVA, a woman can get protection orders that:
Restrain the abuser from committing violence.
Order the abuser to stay away from the shared household.
These orders can be obtained independent of divorce proceedings.
Maintenance and Monetary Relief
Victims of domestic violence can claim maintenance, residence rights, and compensation under PWDVA.
Maintenance claims can also be made during divorce proceedings.
Residence Rights
The law protects the right of a woman to reside in the matrimonial home, even if she is not the owner.
Custody of Children
Courts consider domestic violence when awarding custody or visitation rights to protect children and the abused spouse.
Procedure for a Woman Facing Domestic Violence & Seeking Divorce
File Complaint or Petition under PWDVA
Get protection and maintenance orders from the Protection Officer or Magistrate.
File for Divorce
Cite domestic violence/cruelty as grounds in the divorce petition.
Claim Maintenance & Custody
Ask for interim or permanent maintenance and custody of children during the divorce process.
Criminal Proceedings
Separate criminal cases may be filed under IPC Section 498A or other relevant sections for protection and punishment.
Important Judgments
Velusamy v. Patchaiammal (2010)
Clarified and widened the definition of cruelty/domestic violence as grounds for divorce.
Preeti Gupta v. State of Jharkhand (2014)
Affirmed right to residence and protection under PWDVA even if woman is separated.
S.R. Batra v. Taruna Batra (2007)
Maintenance to divorced wife can continue despite remarriage, in some cases.
Summary Table: Domestic Violence & Divorce
| Aspect | Legal Remedy/Provision |
|---|---|
| Domestic Violence | Protection under PWDVA and IPC (Section 498A) |
| Grounds for Divorce | Cruelty/domestic violence under Hindu & Special Marriage Acts |
| Maintenance | Under PWDVA, CrPC Section 125, and Divorce laws |
| Protection Orders | Restraining orders, residence orders under PWDVA |
| Custody | Courts consider domestic violence in custody decisions |
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