Jasleen Kaur Socio Economic Offences

LAW518 SOCIO-ECONOMIC OFFENCES 2022
ASSIGNMENT- “INTIMATE PARTNER VIOLENCE: WOUNDS

ARE DEEPER: AN ANALYSIS ON DOMESTIC VIOLENECE IN
INDIA”
CA 2 OF SOCIO-ECONOMIC OFFENCES
(LAW518)
SUBMITTED TO: MANDEEP KAUR
SUBMITTED BY: JASLEEN KAUR
REG. NO. : 11715579
SECTION: L1701
“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

VIOLENECE IN INDIA”
INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER:

AN ANALYSIS ON DOMESTIC VIOLENECE IN INDIA
1. WHAT IS THE DOMESTIC VIOLENCE ACT?
“Each time a woman stands up for herself without knowing it possibly,
without claiming it, she stands up for all women.” — Maya Angelou
 The Domestic Violence Act, officially known as the Protection of Women from Domestic
Violence Act 2005, was brought into force by the Indian government from October of
2006.
 The Domestic Violence Act was originally passed by Parliament in August of 2005 and
subsequently assented to by the President in September of the same year. In November of
2007, the Domestic Violence act was ratified by four of the twenty-eight state governme nts
in India.
 The Domestic Violence Act, for the first time in the nation’s history, formally defined an
act of domestic violence. The definition has since been used in thousands of court cases,
both of a civil and criminal nature, to prosecute those individuals who commit violent
actions against their spouses or loved ones.
 Domestic violence as defined under section 3 of the Domestic Violence Act, 2005 includ es :
Any kind of harm/ injury that is likely to endanger the life, health, limb and well-being of
the woman whether physical or mental or any harassment with a view to coerce the woman
or any person related to her to meet any unlawful demand of property or security (dowry).

2. BACKGROUND OF PWDV ACT

 The great Indian history shows that violence on women was there too in the ancient India.
In the magnum opus epic The Ramayan, Rama directed Laxman to disfigure the nose of
Surpanakha as an action of revenge, Ravana forcibly and fraudulently kidnapped Sita. In
the magnum opus the Mahabharata, Dushasan’s attempt to make Draupadi naked in front
of all members sitting in the open court to make her feel insulted, to kill her honour showed
sorrowful condition of women then.
 It was believed that a wife had no meaning of her life after the death of her husband and so
with his dead body she too was forced to die as a ‘Sati ‘. Later on, that heinous practice of
Sati was abolished by the Britishers on the sane advice of Raja Ram Mohan Roy. Even
today, instead of making a woman to die, she is forced to live an isolated life as a helpless
and harassed widow, in the scarcity of food, making her living by begging food.

 Thirty five years ago, violence against women was not considered an issue worthy of
international attention or concern. Victims of violence suffered in silence, with little public
recognition of their plight. It began to change in the 1980s as women’s groups organized
locally, nationally and internationally to demand attention to the physical, psychologica l
and economic abuse of women. Gradually, violence against women, especially violence
within the household has come to be recognized as a legitimate human rights issue and as
a significant threat to women’s health and well-being.
 For over three decades, the feminist groups in India have been working since 1980s to draw
more attention to the physical, psychological, and sexual abuse of women and to stimulate
action against the menace. Ultimately, it touched the conscience of our legis lators and the
Indian Parliament came out with a landmark legislation, Protection of Women from
Domestic Violence Act (PWDV Act).
3. THE CONTENT OF THE PWDV ACT
I. The Protection of Women from Domestic Violence Act, 2005 consists of five Chapters
enshrining 37 Sections. It is very important to note here that the Preamble of the Act
emphasizes the need of the aggrieved women to immediate reliefs as well as compensatio n
and for rehabilitation when it speaks of matters connected therewith and incidental thereto.
The preamble itself suggests that protection must be effective. In a word, domestic violence
means actual abuse or threat of abuse that is physical, sexual, verbal, emotional or
economic. Dowry harassment is also covered under this definition. The act provides for the
rights of women to secure housing. It ensures a woman to reside in her matrimonial home
or shared household.

II. The incidents of Domestic Violence is maintainable in the learned Court of Judicia l
Magistrate (First Class) when both the parties have shared household and/or related by
consanguinity, marriage or through a relationship in the nature of marriage or adoption. In
addition, relationship with family member living together as a joint family also comes
under this Act. Even those women who are sisters, widows, mothers, single women or
living with the accused are included in this Act.
III. Chapter III of the Act describes the powers and duties of Protection Officers, service
providers, etc. The Act provides for appointment of Protection Officers and Service
Providers by the state governments to assist the aggrieved women with respect to medical
examination, legal aid, safe shelter and other assistance for accessing her rights. Service
Providers are organizations and institutions working for women’s rights, which are
recognized under the Companies Act or the Societies Registration Act. These service
providers are Swadhar homes or Short Stay homes recognized by the State. The person in
charge of a shelter home shall provide shelter to the aggrieved person in the shelter home
upon request made by the aggrieved women or a Protection Officer or a Service Provider
on her behalf.
IV. Chapter IV describes the procedure for obtaining orders of reliefs. The Act describes
Protection Officers as public servants and prescribes penalty for both the parties for breach
of order. The Central and State Governments are under a duty to ensure wide publicity of
the provisions of this Act through all forms of public media at regular intervals, to provide
awareness and training to all officers of the government, and to coordinate the services
provided by all Ministries and various Departments.
V. According to this Act, every woman who has been deprived of their right to life by the act
of her husband or relatives of the husband, can file a complaint to the protection officer,
police officer or magistrate in the form of ‘Domestic Incident Report’ (similar to FIR).
Complaint can be filed by the victim /aggrieved person or relatives, it will be considered
as the prima-facie evidence of the offence. Every ‘Domestic Incident Report’ has to be

prepared by the Protection Officer which will assist in the further investigation of the
incidence.
4. IMPLEMENTATION OF PWDV ACT

 Despite legislative measures and consequential institutional arrangements, the Protection
of Women from Domestic Violence Act does not reach the women who are victims of
violence in domestic sphere. Following factors may be cited as reasons for its non-
implementation.
 Firstly, a legislation becomes effective if citizens claim their rights by using it. It has been
mentioned by many research studies that community level awareness is demonstrative ly
low about the protection measure particularly the institutional measures created for
protection of women which is provided under the Act. Secondly, wherever there is little
awareness exist about the institution for prevention of domestic violence, these institutio ns
are not easily accessible. Thirdly, a continuous engagement with these institutions reveals
that the institutions established for protection of women from domestic violence are not
adequately equipped to effectively serve the victims of violence due to inadequate funding
for converting legal provisions into practical actions. Fourthly, women are given to
understand that violence by male on women is a prerogative.1
1 Critical Analysis on Protection of Women from Domestic Violence, India, available

at:https://utkalpar.com/critical-analysis-of-the-protection-of-women-fro m-do mestic-violence-act-2005-a-critical-
analysis/ (Last Visited on March 24, 2022).
5. WHO CAN FILE A COMPLAINT UNDER THE DOMESTIC

VIOLENCE ACT?
“The enemy doesn’t stand a chance when the victim decides to survive.”
— Rae Smith
 Section 2(a) of the Domestic Violence Act defines “aggrieved person” as any woman who
is, or has been, in a domestic relationship with the respondent and who alleges to have been
subjected to any act of domestic violence by the respondent.
 The Domestic Violence Act not only covers those women who are or have been in a
relationship with the abuser but it also covers those women who have lived together in a
shared household and are related by consanguinity, marriage of through a relationship in
the nature of marriage or adoption.
 Even those women who are sisters, widows, mothers, single women, or living in any other
their relationship with the abuser are entitled to legal protection under the Domestic
Violence Act.

6. AGAINST WHOM CAN THE COMPLAINT BE FILED

UNDER THE DOMESTIC VIOLENCE ACT?
Section 2(q) of the Domestic Violence Act defines “respondent” as 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 any relief under this Act: Provided that an aggrieved wife
or female living in a relationship in the nature of a marriage may also file a complaint
against a relative of the husband or the male partner.
In view of the definition of the term respondent covering adult male person, the judiciar y
has time and again been confronted with the argument that an aggrieved person can file
complain under the Domestic Violence Act against an adult male person only and not
against the female relatives of the husband i.e. mother-in-law, sister-in-law.
However, the Supreme Court in the case of Sandhya Wankhede vs. Manoj Bhimrao
Wankhede2 put to rest the issue by holding that the proviso to Section 2(q) does not exclude
female relatives of the husband or male partner from the ambit of a complaint that can be
under the provisions the Domestic Violence Act. Therefore, complaints are not just
maintainable against the adult male person but also the female relative of such adult male.
7. TYPES OF ABUSE UNDER THE DOMESTIC VIOLENCE ACT
 Physical Abuse
Physical abuse is the use of physica l

force against a woman in a way
that causes her bodily injury or
hurt. Physica l assault, crimina l
2(2011) 3 SCC 650.

intimidation and criminal force are also forms of physical abuse like beating, kicking and
punching, throwing objects, damaging property, punched walls, kicked doors, abandoning
her in a dangerous or unfamiliar place, using a weapon to threaten or hurt her, forcing her
to leave the matrimonial home, hurting her children, using physical force in sexual
situations.
 Sexual Abuse
This is also a form of physical abuse. Any situation in which a woman is forced to
participate in unwanted safe or degrading sexual activity, calling her sexual names, hurting
a woman with objects and weapons during sex is sexual abuse.
 Verbal and Emotional Abuse
Many women suffer from emotional abuse, which is no less destructive. Unfortunate ly,
emotional abuse is often minimized or overlooked – even by the woman being abused.
Emotional abuse includes verbal abuse such as yelling, name-calling, blaming and
shaming. Isolation, intimidation and controlling behaviour also fall under emotional abuse
.Calls her names, insults her or continually criticizes her.
 Economic Abuse

 Economic abuse is not a very recognized form of abuse among the women but it is
very detrimental. Economic abuse mainly includes a woman not been provided with
enough money by her partner to maintain herself and her children, which may
comprise money for food, clothing, medicines etc. and not allowing a woman to
take up an employment . Forcing her out of the house and not allowing a woman to
take up an employment. Forcing her out of the house where she lives and not
providing her rent, in case of a rented share hold also amounts to abuse.
 Depriving her of all or any economic or financial resources to which the person is
entitled under the law or custom, restricting the woman’s access to the shared
household. Disposing or alienating the assets of the women whether movable or
immovable, valuables, shares, securities, bonds and the like other property in which
she may have an interest. However seeking maintenance to unjustly enrich one’s
self and that too without providing the alleged act of domestic violence is a gross
abuse of the process of law.
8. DUTY OF COURTS WHILE DECIDING CASES UNDER

THE DOMESTIC VIOLENCE ACT
In the case of Krishna Bhatacharjee vs. Sarathi Choudhury and Another, the Apex Court while
elucidating on the duty of courts while deciding complaints under the Domestic Violence Act.
These are:

 The court must give the decision keeping in mind that the helpless aggrieved person has
approached the court in compelling circumstances.
 It should also be ensured that the court scrutinizes the facts from all angles. It must take
efforts to ensure whether the plea advanced by the respondent to nullify the grievances
of the aggrieved person is legally and factually correct.
 The court of law must uphold the truth and aim at delivering proper justice
 Before throwing a petition at the threshold on the grounds of maintainability, the court
must see that the aggrieved person is not faced with a situation of non-adjudication.
9. HUSBAND’S OBLIGATION TO MAINTAIN WIFE UNDER

THE DOMESTIC VIOLENCE ACT
In a case taken up by the Supreme Court i.e. Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai
Patel and ors. it was held that when it comes to maintenance of wife under the Domestic Violence
Act read with the Hindu Adoption and Maintenance Act, 1956 it is the personal obligation of the
husband to maintain his wife. Property of mother-in- law can neither be subject matter of
attachment nor during the life time of husband can his personal liability to maintain his wife be
directed to be enforced against such property.
10. RETROSPECTIVE APPLICATION OF THE

DOMESTIC VIOLENCE ACT
 In the case of V.D. Bhanot
Vs. Savita Bhanot, which upheld the
Delhi High Court’s view that ¬
“even a wife who had shared a
household before the Domestic
Violence Act came into force would
be entitled to the protection of the
Domestic Violence Act.
 Hence, the Domestic
Violence Act entitles the aggrieved person to file an Application under the Act even for
the acts which have been committed prior to the commencement of the Domestic Violence
Act.
11. FILING DOMESTIC VIOLENCE CASE IS NOT AN

ACT OF CRUELTY
 The Domestic Violence Act is a welfare legislation for those in need and is a powerful
weapon in the hands of women who are being abused by their family members.
 Section 2(f) of Domestic Violence Act– Domestic relationship- “domestic relations hip ”
means a relationship between two persons who live or have, at any point of time, lived
together in a shared household, when they are related by consanguinity, marriage, or
through a relationship in the nature of marriage, adoption or are family members living
together as a joint family.
12. PROCEDURE FOR FILING A DOMESTIC

VIOLENCE CASE
The victim of domestic violence or any witness of the offence, on her behalf, can file an
FIR/complaint with the local police officer, or the protection officer, or service provider,
or directly to the Magistrate. The basic question that comes in the mind of every person
filing a case is that which court should he/her approach? A domestic violence case is heard
by the judge of the court within whose local limit either the victim resides or the accused
or where the action has been committed.

o The Magistrate shall upon receiving the complaint, commence the hearing of the
case within 3 days of the complaint being filed.
o The Magistrate shall also give the notice of the date of hearing to the Protection
officer who shall issue it to the accused.
o The court shall as far as possible dispose the case within a period of sixty days from
the date of the first hearing.
o You can even request the Magistrate to conduct the proceeding in camera, i.e. you
will not be required to be physically present for the hearing and the proceedings
will be conducted via video conferencing.
o The court after conducting the hearings of the case, if satisfied that a genuine case
of domestic violence was filed and the accused has actually committed the offence,
can pass any of the following orders as it may consider necessary in the
circumstances of the case (you can also request the court to pass any of these
orders)-
 Protection orders: Wherein the court can further restrain the accused to
commit the act of domestic violence on you or any of your family members
or can even disallow him/her to enter your place of employment or
residence. The protection order can be claimed by you as an interim relief,
i.e. before the final judgment is passed.
 Residence orders: The court, if satisfied, that you have no other place to
stay or for any other reason, then it can also prevent the accused from
dispossessing you from your matrimonial home and can even disallow him
to enter that area of the household in which you are residing.
 Monetary relief: You can even ask the court for monetary relief from the
accused in order to incur your medical expenses any other loss that has
occurred to you due to the offence being committed.
 Custody of the child: The court can also grant the temporary custody of
the child/children to the person making the application.
 Compensation orders: In addition to above-mentioned reliefs, the
Magistrate may also on an application being made by you, pass an order
directing the accused to pay the compensation and damages for the injur ies,
including mental torture and emotional distress, caused by the acts of

domestic violence.


These orders will remain in force until the victim files an application in the court for its
revocation.3
If the order of the court is not passed in your favour, you can also make an appeal against
the order within thirty days from the date on which the order is passed shared household,
The Court held that under Section 17(1) of the Act wife is only entitled to claim a right to
residence in a shared household, and a ‘shared household’ would only mean the house
belonging to or taken on rent by the husband, or the house which belongs to the joint family
of which the husband is a member.
In the case, the property in question neither belonged to the husband nor was it taken on
rent by him nor was it a joint family property of which the husband was a member. It was
the exclusive property of mother of husband and not a shared household.
13. RELIEF THAT CAN BE SOUGHT BY THE VICTIM

UNDER THE ACT
 The Act recognizes many reliefs to empower a woman to tide over an emergency. If
the victim obtains relief under this law that does not mean she is barred from
approaching courts under the personal law. The PWDVA is a secular law and runs
parallel to personal laws.
3 Laws on Domestic Violence, India, available at: https://www.vidhikarya.com/FreeLegalAdvice/11687/father-

abuses-mother (Last Visited on March 24, 2022).
 The Act provides the following reliefs-
 Counseling (Sec. 14) - The magistrate before whom the parties are presented may direct
either the parties or the party who requires to the counseling process.
 Protection Orders (Section 18) - The magistrate can issue protecting order against the
respondent. This is generally done to keep the victim in a protective shell so that the
respondent doesn’t reach out to her for causing violence. A Protection Officer, preferably
a woman, is appointed by the concerned government to file a domestic incidence report.
 Residence (Sec. 19) - The Magistrate can restrict the respondent from the place of the
victim. Further, the respondent cannot evict the victim from the place of the residence.
 Maintenance (Sec. 20) - Under Section 20, the respondent may be directed to provide
monetary compensation to the victim for any loss she has accrued, be it property loss,
medical loss or any other financial loss.
 Child’s Custody (Sec. 21) - The custody of the child should be in the victim’s hand. The
father of the child may be provided visiting rights.4
4 Domestic Violence Act 2005, India, available at: https://legodesk.com/legopedia/domestic-violence-act-2005/

(Last Visited on March 24, 2022).
CASE ANALYSIS OF Sou. Sandhya Manoj Wankhade
vs Manoj Bhimrao Wankhade & Ors
1. Court: Supreme Court of India

2. Brief: Although the main body of Section 2(q) expressly states that a respondent is an
“adult male person”, the proviso widens the scope of proceedings by stating that an
aggrieved wife or female living in a relationship in the nature of marriage can file a
complaint against a relative of her husband/male partner. This rescinds the argument that
the legislative intent was to exclude females. The Appeal was allowed with a direction to
the Trial Courts to consider R2 and R3 as respondents in the proceedings.
3. Citation: Sandhya Wankhede vs. Manoj Bhimrao Wankhede and others (2011) 3 SCC
650
4. Bench: Altamas Kabir; Cyriac Joseph, JJ (SC)

5. Appellant: Sandhya Manoj Wankhade
6. Respondents:
(R1) Manoj Bhimrao Wankhade
(R2) Ramabai, Appellant’s mother-in-law
(R3) Appellant’s sister-in-law

7. Citation: (2011)3SCC650
8. HEAD NOTE:
The expression "female" has not been used in the proviso to Section 2(q) also, but,
on the other hand, if the Legislature intended to exclude females from the ambit of
the complaint, which can be filed by an aggrieved wife, females would have been
specifically excluded, instead of it being provided in the proviso that a complaint
could also be filed against a relative of the husband or the male partner.
No restrictive meaning has been given to the expression "relative", nor has the said
expression been specifically defined in the Domestic Violence Act, 2005, to make it
specific to males only.
9. Issue: Do females fall within the ambit of “respondents” u/s 2(q) of the DV Act? Are
females exempted from being proceeded against under DV Act?

14. FACTS OF THE CASE
 After her marriage in 2005, the appellant was residing with R1, R2 and R3 for almost a
year, after which there were disruptions in her marriage. She filed a police case against her
husband u/s 498 –A IPC for assaulting her. She further filed an application against all the
three respondents, which was allowed by the First Class Judicial Magistrate, directing R1
to pay monthly maintenance. It also restrained all respondents from evicting the appellant
from her matrimonial house. Criminal appeals and applications filed by an aggrieved R1
before the Sessions Judge and High Court were dismissed.
 The Appellant appears to have filed a complaint, against all the Respondents
under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence
Act, 2005, hereinafter referred to as "the Domestic Violence Act, 2005". An applicatio n
filed by the Appellant before the Judicial Magistrate, First Class, Amravati, under Section
23 of the above Act was allowed by the learned Magistrate, who by his order dated 16th
August, 2007, directed the Respondent No.1 husband to pay interim maintenance to the
Appellant at the rate of 1,500/- per month from the date of the application till the final
disposal of the main application and also restrained all the Respondents from dispossessing
the Appellant from her matrimonial home at Khorej Colony, Amravati, till the final
disposal of the main application.
 R2 and R3 approached First Class Magistrate but their application was dismissed. They
filed an appeal and argued on the ground that women cannot be made respondents in DV
proceedings. The Court accepted the same and set aside the injunction, allowing

dispossession of appellant from her matrimonial house, which exclusively belonged to R2.
Hence, it was not a “shared house”. However, the Court directed for an alternative i.e. R1
to provide separate accommodation or make additional payment for it or to pay a sum of
1,000/- per month to the Appellant from the date of filing of the application till its final
decision, in lieu of providing accommodation.
 The Appellant herein challenged the judgment and order dated 15th July, 2009, passed by
the learned Sessions Judge, Amravati, claiming that she had a right to stay in
her matrimonial house. Appeal filed by appellant in Sessions Court was answered on a
conclusion that “females” are not included under “respondents”. HC also took a similar
stand to delete the names of R2 and R3 from proceedings and directed the appellant to
vacate the matrimonial house. Hence, this appeal.
15. ISSUE RAISED
Do females fall within the ambit of “respondents” u/s 2(q) of the DV Act? Are females
exempted from being proceeded against under DV Act?
16. APPELLANT’S CONTENTIONS
 Mr. Garvesh Kabra, learned Advocate appearing for the Appellant, submitted that the
High Court had erred in confirming the order of the learned Sessions Judge in regard
to deletion of names of the Respondent Nos.2 and 3 from the proceedings, upon
confirmation of the finding of the Sessions Judge that no female could be made a party
to a petition under the Domestic Violence Act, 2005, since the expression "female" had
not been included in the definition of "respondent" in the said Act. Mr. Kabra submitted
that it would be evident from a plain reading of the proviso to Section 2(q) of
the Domestic Violence Act, 2005, that a wife or a female living in a relationship in the
nature of marriage can, not only file a complaint against her husband or male partner
but also against relatives of the husband or male partner. The term "relative" not having
been defined in the Act, it could not be said that it excluded females from its operation.
 A basic reading of the DV Act provision says that a wife or a female in live - in
relationship (in the nature of marriage) may file a complaint against her husband’s/ma le
partner’s relatives.
 The HC erred in readily confirming that “relative” excludes females, as the term is not
defined in the Act.
17. RESPONDENT’S CONTENTION
 Mr. Satyajit A. Desai, learned Advocate appearing for the Respondents, defended the
orders passed by the Sessions Judge and the High Court and urged that the term
"relative" must be deemed to include within its ambit only male members of the
husband's family or the family of the male partner.
 Learned counsel submitted that when the expression "female" had not been specifica lly
included within the definition of "respondent" in Section 2(q) of the Domestic Violence
Act, 2005, it has to be held that it was the intention of the legislature to exclude female

members from the ambit thereof. Since the expression “respondent” do not expressly
include females, it reveals the intention of the lawmakers to deliberately exclude them.
18. OBSERVATIONS OF THE HON‟BLE COURT

 The main object of the Act is protection of women from violence inflicted by a man and/or
a woman. It is a progressive Act, whose sole intention is to protect the women irrespective
of the relationship she shares with the accused. The definition of an aggrieved person under
the Act is so wide that it takes within its purview even women who are living with their
Partners in a live in relationship.
 In context of proceedings under the Act against mother-in- law the Court relied on plethora
of cases and opined that in the Act the definition of „Respondent‟ was read with the Proviso
to give a logical meaning to the definition of Respondent by the Supreme Court in the case
of Sandhya Wankhede Vs. Manoj Bhimrao Wnakhede, wherein the Court has held that the
proviso to Section 2(q) does not exclude female relatives of the husband or make partner
from the ambit of a complaint that can be made under the provisions of the Domestic
Violence Act. Therefore, complaints are not just maintainable against the adult male
person, but also, the female relatives of such adult male.5
 The bench held:

o “The microscopic difference between male and female, adult and non-adult, regard
had to the object sought to be achieved by the 2005 Act, is neither real or
substantial nor does it have any rational relation to the object of the legislation. In
5 Critical Analysis on Protection of Women from Domestic Violence, India, available at:
http://www.cja.gov.in/E%20Books/JUDICIA L%20PERSPECTIVE%20ON%20PROTECTION%20OF%20WOM E
N%20FROM%20DOM ESTIC%20VIOLENCE%2003.07.2019.pdf (Last Visited on March 24, 2022).
fact, the words ‘adult male person’ are contrary to the object of affording
protection to women who have suffered from domestic violence of any kind”
 The court ruled “We, therefore, strike down the words ‘adult male’ before the word
‘person’ in Section 2(q), as these words discriminate between persons similarly situated,
and far from being in tune with, are contrary to the object sought to be achieved by the
2005 Act,”
 The bench resorted to the "doctrine of severability" and only struck down that part of
Section 2(q) which produced a gender-based distinction in relation to offenders under the
Act. “Application of the aforesaid severability principle would make it clear that having
struck down the expression ‘adult male’ in Section 2(q), the rest of the Act is left intact and
can be enforced to achieve the object of the legislation without the offending words,” it
held6
 Having carefully considered the submissions made on behalf of the respective parties, we
are unable to sustain the decisions, both of the learned Sessions Judge as also the High
Court, in relation to the interpretation of the expression "respondent" in Section 2(q) of the
Domestic Violence Act, 2005. For the sake of reference, Section 2(q) of the above-said Act
is extracted hereinbelow :-
 "2(q) "respondent" means 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
any relief under this Act:
6Laws on Domestic Violence, India, available at: https://www.soolegal.com/roar/woman-can-also-be-prosecuted-

under-laws-on-domestic-violence-1 (Last Visited on March 24, 2022).
 Provided that an aggrieved wife or female living in a relationship in the nature of a marriage
may also file a complaint against a relative of the husband or the male partner."
 From the above definition it would be apparent that although Section 2(q) defines a
respondent to mean any adult male person, who is or has been in a domestic relations hip
with the aggrieved person, the proviso widens the scope of the said definition by includ ing
a relative of the husband or male partner within the scope of a complaint, which may be
filed by an aggrieved wife or a female living in a relationship in the nature of a marriage.
 It is true that the expression "female" has not been used in the proviso to Section 2(q) also,
but, on the other hand, if the Legislature intended to exclude females from the ambit of the
complaint, which can be filed by an aggrieved wife, females would have been specifica lly
excluded, instead of it being provided in the proviso that a complaint could also be filed
against a relative of the husband or the male partner. No restrictive meaning has been give n
to the expression "relative", nor has the said expression been specifically defined in
the Domestic Violence Act, 2005, to make it specific to males only.
 In our view, both the Sessions Judge and the High Court went wrong in holding otherwise,
possibly being influenced by the definition of the expression "respondent" in the main body
of Section 2(q) of the aforesaid Act.

19. FINAL DECISION

Although the main body of Section 2(q) expressly states that a respondent is an “adult male
person”, the proviso widens the scope of proceedings by stating that an aggrieved wife or
female living in a relationship in the nature of marriage can file a complaint against a
relative of her husband/male partner. This rescinds the argument that the legislati ve intent
was to exclude females. The Appeal was allowed with a direction to the Trial Courts to
consider R2 and R3 as respondents in the proceedings. 7
The Appeal, therefore, succeeds. The judgments and orders, both of the learned Sessions
Judge, Amravati, dated 15th July, 2009 and the Nagpur Bench of the Bombay High Court
dated 5th March, 2010, are set aside. Consequently, the trial Court shall also proceed
against the said Respondent Nos.2 and 3 on the complaint filed by the Appellant.
7 Sandhya Manoj Wankhade vs Manoj Bhimrao Wankhade & Ors - Critical Analysis, India, available at:
https://www.lawyersclubindia.com/judiciary/dv-act-s-2-q-case-law-females-can-be-respondents-in-dv-complaints-
sandhya-wankhede-vs-manoj-bhimrao-wankhede-and-others-2011-3-scc-650-4216.asp (Last Visited on March 24,
2022).
20. CONCLUSION
The Protection of Women from Domestic Violence Act, 2005 which was implemented in
October 2006 is very promising legislation that combines civil remedies and crimina l
procedures to provide effective remedies to the women who become victims of domestic
violence. The act provides for protection officers, medical facilities, free of cost orders,
etc. which helps the aggrieved women in protecting themselves and their loved ones.
However, the Act is not free of certain problems. Clearly, the implementation of the Act
needs to be made more concrete. The Human Rights Watch has found that police often do
not file a First Information Report (FIR), i.e, the first step to initiating a police
investigation, especially if the aggrieved person is from an economically or socially
backward community.
Most of the domestic violence, sexual violence, and marital rape cases in India never go
reported. Lack of trained counsellors who can help domestic abuse victims and little access
to legal aid also adds to the misery of these victims. Issues like these need to be solved so
as to ensure that women get the justice they truly deserve.

21. SUGGESTIONS
 Know the signs. The first step to action is to familiarise individuals and the community with
the possible signs and indicators of domestic violence. These signs can vary and do not always come
with physical symptoms because domestic violence is not just limited to physical attacks such as
beatings. It includes many forms of abusive behaviour enacted to control the victim in a myriad of
ways including emotional abuse, verbal abuse and economic abuse. Domestic violence also affects
every level and demograhic in society, so there is no typical victim despite the stereotypes. Someone
who may not appear to be a victim of domestic violence may well be suffering in silence and it is
important to recognise the signs if this is the case.
 Get your community educated! A good start to eradicating Domestic Violence from your
community or neighbourhood is to start educating as many people as possible about Domestic
Violence, its impact and how to intervene safely. This can be done in collaboration with your local
Domestic Violence shelter or women’s organisation or police community outreach officers who can
work with the community, local schools and local companies to organise and implement talks,
townhall meetings and other group sessions to talk about this issue.
 Boost your community support network with technology! If you have a smart phone and the
victim has a smart phone, consider downloading a safety app for women, many of which have been
designed to automatically alert your support network if you are in danger. If the victim does not
have a smart phone, consider pooling money with a few friends and neighbours to get her one and
pre-load it with a safety app that is connected to all your phones so yo u can become a de facto
support net for her.
 Ring the bell. If you are the neighbour of a family experiencing Domestic Violence, please take the
time to ring their bell when you hear a violent situation happening. You could use the old
neighbourly approach of asking to borrow a cup of sugar or some milk as an excuse. If you feel that
it could get dangerous, bring another person with you so there will be more than one witness .

22. BIBLIOGRAPHY
1. Ipleaders.com
2. Wordpress.com
3. Iasnext.com
4. Vakilnol.com
5. Msrlawbooks.com
6. Blogspot.com
7. HindustanTimes
8. Shodhganga


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LAW518 SOCIO-ECONOMIC OFFENCES 2022

ASSIGNMENT- “INTIMATE PARTNER VIOLENCE: WOUNDS

SUBMITTED TO: MANDEEP KAUR

SUBMITTED BY: JASLEEN KAUR

REG. NO. : 11715579

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER:

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

2. BACKGROUND OF PWDV ACT

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

3. THE CONTENT OF THE PWDV ACT

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

4. IMPLEMENTATION OF PWDV ACT

1 Critical Analysis on Protection of Women from Domestic Violence, India, available

5. WHO CAN FILE A COMPLAINT UNDER THE DOMESTIC

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

6. AGAINST WHOM CAN THE COMPLAINT BE FILED

7. TYPES OF ABUSE UNDER THE DOMESTIC VIOLENCE ACT

Physical abuse is the use of physica l

2(2011) 3 SCC 650.

 Verbal and Emotional Abuse

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

8. DUTY OF COURTS WHILE DECIDING CASES UNDER

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

9. HUSBAND’S OBLIGATION TO MAINTAIN WIFE UNDER

10. RETROSPECTIVE APPLICATION OF THE

11. FILING DOMESTIC VIOLENCE CASE IS NOT AN

12. PROCEDURE FOR FILING A DOMESTIC

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

including mental torture and emotional distress, caused by the acts of

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

13. RELIEF THAT CAN BE SOUGHT BY THE VICTIM

3 Laws on Domestic Violence, India, available at: https://www.vidhikarya.com/FreeLegalAdvice/11687/father-

 The Act provides the following reliefs-

4 Domestic Violence Act 2005, India, available at: https://legodesk.com/legopedia/domestic-violence-act-2005/

CASE ANALYSIS OF Sou. Sandhya Manoj Wankhade

vs Manoj Bhimrao Wankhade & Ors

1. Court: Supreme Court of India

4. Bench: Altamas Kabir; Cyriac Joseph, JJ (SC)

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

14. FACTS OF THE CASE

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

15. ISSUE RAISED

16. APPELLANT’S CONTENTIONS

17. RESPONDENT’S CONTENTION

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

18. OBSERVATIONS OF THE HON‟BLE COURT

 The bench held:

6Laws on Domestic Violence, India, available at: https://www.soolegal.com/roar/woman-can-also-be-prosecuted-

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

19. FINAL DECISION

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

“INTIMATE PARTNER VIOLENCE: WOUNDS ARE DEEPER: AN ANALYSIS ON DOMESTIC

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