Dated: 2024-04-21 02:24:06
What constitutes Domestic Violence and against whom Domestic Violence Complaint can be filed?What constitutes Domestic Violence?
Section 3 of the Domestic Violence Act, 2005 states what constitutes domestic violence, according to which domestic violence shall include: -
(a) Threats to health, safety, life etc, whether mental or physical, including physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) Harassment through any forms such as harms, injuries to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property or valuable security; or
(c) Otherwise injuring or causing harm, through physical or mental means to the aggrieved person.
Against whom Domestic Violence Complaint can be filed?
In the present scenario, complaint of domestic violence can be filed against any adult male member of the family who possesses a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act including the other family members like mother-in-law, father-in-law, brother-in-law, or so forth, or any relative of the spouse or male accomplice. Although in a recent judgement of 2010 in the case of Kusum Lata Sharma vs State & Anr, the Bombay High court restraints a sister from filing a complaint against her brother's wife, or her own sister. Also, a mother-in-law if subjected to domestic violence by daughter-in-law cannot file a case against her daughter-in-law, anyway she can file a complaint against her son mentioning the name of the daughter-in-law as the agent of her son.
Minal B Khona