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Domestic Violence Act 2005 Explained – Q&A Part 1

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Domestic Violence Act India – legal rights, protection for women, and remedies under law

📘Domestic Violence Act explained through Questions and Answers

Part 1: Questions 1 – 10 — Delhi Law Academy Jaipur has concisely presented the entire Protection of Women from Domestic Violence Act 2005 in question-answer form.

Part 1 — Questions 1-10

Domestic Violence Act explained through Questions and Answers 
Part 1: Questions 1 - 10
Delhi Law Academy Jaipur has concisely presented the entire Protection of Women  from Domestic Violence Act 2005 in question-answer form:

Question 1:
• Who is an “aggrieved person” under the Domestic Violence Act?
Ans:
• Under the Domestic Violence Act Aggrieved person means a woman
• who is [or has been] in a domestic relationship with the respondent and
• who alleges to have been subjected to an act of domestic violence

Question 2:
• What is meant by a “domestic relationship” under the Domestic Violence Act?
Ans:
• “domestic relationship” means
• a relationship between two persons
• who live [or have lived] in a shared household
• when they
• are related by consanguinity or marriage or
• are related through a relationship in the nature of marriage or
• are related through adoption or
• are family members living together as a joint family

Question 3:
• What is meant by a “shared household”?
Ans:
• “shared household” means a household
• where the person aggrieved lives [or has lived] in a domestic relationship
• either singly or along with the respondent ...

Question 4:
•	Can there be a relationship in the nature of marriage in a case where the party entering into the relationship knew that the other party was already married?
Ans:
The answer is based on a Supreme Court judgment of 2013 in the case of Indra Sarma v. V.K.V. Sarma:
•	This relationship is not a “relationship in the nature of marriage” because it has no inherent or essential characteristic of a marriage. It is a relationship other than “in the nature of marriage” and the appellant’s status is lower than the status of a wife.
•	All live-in- relationships are not relationships in the nature of marriage.
•	This relationship would not fall within the definition of “domestic relationship” u/s 2(f) of the DV Act. Consequently, any conduct of the respondent in connection with this type of relationship would not amount to “domestic violence” under the DV Act.
Question 5:
• What is a “domestic incident report”?
Ans:
• “domestic incident report” means
• a report made in prescribed form on receipt of a complaint of domestic violence from an aggrieved person

Question 6:
• Against whom can a complaint be filed under the DV Act?
Ans:
• Against any adult male person
• who is [or has been] in a domestic relationship with the aggrieved person and
• against whom the aggrieved person has sought relief
• An aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against a relative of the husband or male partner.

Question 7:
• What does “monetary relief’ mean under the Protection of Women from Domestic Violence Act 2005?
Ans:
• “monetary relief” means compensation
• to meet expenses incurred and
• to meet losses suffered as a result of domestic violence

Question 8:
• Elaborate the meaning and scope of “domestic violence” under the DV Act?
Ans:
• The term domestic violence has been defined u/s 3 of the DV Act. It means
–	conduct which harms or endangers the health or well-being of the aggrieved person, whether mental or physical
–	conduct which causes physical abuse, sexual abuse, verbal and emotional abuse and economic abuse of the aggrieved person
–	harassment of the aggrieved person or her relative to meet any unlawful demand for dowry or other property
–	conduct which has the effect of threatening the aggrieved person or her relative with any act mentioned above

Question 9:
• Which “abuses” are included within “domestic violence” under the DV Act?
Ans:
• Physical abuse
• Sexual abuse
• Verbal and emotional abuse
• Economic abuse

Question 10:
• What is meant by “physical abuse” under the DV Act?
Ans:
• “physical abuse” means
–	conduct which causes bodily pain or danger to life, limb or health of the aggrieved person
–	conduct which impairs health or development of the aggrieved person – assault, criminal intimidation and criminal force

🔎 Related:
For Part 2 (Questions 11–20) and more Q&A on the Protection of Women from Domestic Violence Act 2005, see our Domestic Violence Act Part 2.

For Part 3 (Questions 21–30) and more Q&A on the Protection of Women from Domestic Violence Act 2005, see our Domestic Violence Act Part 3.

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