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MOOT COURT RESEARCH PAPER

SAP ID: 81012100612

TOPIC: ABUSE OF DOMESTIC VIOLENCE

SEMESTER: IIND

YEAR: 2021 – 2026

BATCH: B.A. LLB (HONS.)

SUBMITTED BY: ELSA SHAIKH

SUBMITTED TO: MR. RAJNEESH DUBEY SIR

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TABLE OF CONTENTS

ABSTRACT 3

INTRODUCTION 4

DEFINITION 5

HISTORY 6

KEY DEFINITION 6

AGGRIEVED PERSON 6

DOMESTIC RELATIONSHIP 7

ABUSE OF ACT 8

RELATED CASES 8

STATISTICAL DATA 10

CONCLUSION 11
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ABUSE OF DOMESTIC VIOLENCE

ABSTRACT
Since the times from times gone past, powerful approach to acting at home tragically has
been a characteristic piece of the general populace we are staying. The contributing variables
could be the longing to deal with one more relative, the craving to take advantage of
somebody for individual advantages, the flare to be in an organizing position consistently
showing one's preeminent quality and so forth.1 The term used to depict this detonating issue
of mercilessness inside our house is a strong approach to acting at home. This savagery is
towards somebody that our character is locked in with, be a mate, life partner, young person,
young woman, father, grandparent or another relative. It will in every day be a male's then
again female's shocks towards another male or a female. Anybody can be a mishap and a
victimiser.2 Although the home has customarily been seen as a place of refuge, and marriage
as the most defenseless of our establishment; the truth for ladies is that they are at a far more
serious gamble of being attacked in their own homes by a "friend or family member" than
they are of being attacked on the roads however a stranger.3 Domestic savagery is a
maltreatment which shows itself when a companion or a relative disregards another genuinely
or mentally. The term aggressive behavior at home is regularly utilized for brutality among a
couple yet in addition envelops live-in connections and different individuals from the families
who live respectively. Aggressive behavior at home is inseparable from homegrown
maltreatment. Aggressive behavior at home is normal all around the world in all societies,
classes and ages. Savagery can happen among people, individuals of same sex of individuals
of various ages. Abusive behavior at home can happen in many structures and take many
aspects. It tends to be physical, sexual, social, mental or financial.4

Aggressive behavior at home is a very mind boggling and horrendous type of savagery,
serious most frequently inside the four dividers of the family house and inside a specific well
established power dynamic5 and financial construction, which don't permit even the
affirmation or acknowledgment of the brutality. Aggressive behavior at home or family
savagery is a worldwide issue influencing groups of all classes and societies. The reaction to
1
Ankur Kumar “Domestic Violence in India: Causes, Consequences and Remedies” available at
<http://www.youthkiawaaz.com/2010/02domestic-violence-in-india-causes-consequences-and-remedies-2/>
2
Ankur Kumar “Domestic Violence in India: Causes, Consequences and Remedies” available at
<http://www.youthkiawaaz.com/2010/02domestic-violence-in-india-causes-consequences-and-remedies-2/>
3
M. Schelong Katharine, “Domestic Violence and the State: Responses to and Rationales for Spousal Battering,
Marital Rape and Stalking”, Marquette Law Review, Vol. 78-79, (1994)— cf., Prof. (Dr.) Manjula Batra,
“Protection of Women from Domestic Violence Act, 2005: A New Hope for Victims of Domestic Violence” 28,
Nyaya Kiran, Vol. 1 (July-Sept), 2007.
4
Ritika Banerjee, “Domestic Violence Act— Sociological Perspective”, Available at
<http://www.jurisonline.in/2010/03/domestic-violence-act-sociological-perspective/visited> 
5
Preeti Misra, “Domestic Violence Against Women-Legal Control and Judicial Response” 43, (2006)—cf.
Sheeba S. Dhar, “Domestic Violence Against Women: A Conceptual Analysis”, 118, The Academic Law Review,
Vol. XXXI, No. 1 & 2 (2007).
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the peculiarity of aggressive behavior at home is a commonplace mix of exertion between

policing, social help organizations, the courts and revision/probation offices. The job of every
one of these has advanced over most recent couple of many years, and acquired their
exercises general visibility. Aggressive behavior at home is currently being seen as a general
medical condition of scourge extent all around the world and numerous public, private and
Governmental organizations are seen putting forth tremendous attempt to control it in India.
There are a few associations all around the universes — Government and non-Government
— effectively attempting to battle the issues produced by aggressive behavior at home to the
human community.6

INTRODUCTION
The by and largely recognized importance of ruthlessness against women is given by the
United Nations Declaration on the Elimination of Violence against Women (1993). It
communicates "any show of direction based violence that results in or is most likely going to
achieve, physical, sexual or mental naughtiness or persevering to women, including risks of
such exhibitions, impulse or unpredictable difficulty of opportunity, whether happening
straightforwardly or confidential life that."7 The United Nations' definition is laid out in a
direction based beginning stages of the oppressive way of behaving at home communicating
"viciousness against women is one of the basic social parts by which women are obliged into
a subordinate position differentiated and men."8 This definition comprehensively covers it
however isn't confined to, three circles of aggressive behavior at home, i.e., "brutality
happening in the family, inside the overall local area, and savagery executed or overlooked
by the State." 9The definition features the actual part of savagery as well as incorporates parts
of mental damage gone through by overcomers of such brutality. It thinks about parts of
private as well as open life.
In India, the sanctioning of the Protection of Women from Domestic Violence Act, 2005 10
presented the legitimate meaning of abusive behavior at home. As per Section 3 of the Act,
the demonstration of misuse is both an activity and an oversight which might prompt any
actual injury or hurt incurred for the lady that prompts a danger to life and appendage,
generally prosperity including mental wellbeing and actual strength of the ladies and a
demonstration that might incorporate any sorts of misuse; or any sort of provocation, hurt,
actual injury or a danger to jeopardizing the lady with a reason for driving her to fulfill
unlawful needs of the culprit for endowment or different items financially or generally
significant to the lady whether straightforwardly through her or in a roundabout way through
an individual known to her; or suggests a danger on the casualty herself or an individual is
known to her by acts referenced beforehand, or any sort of danger to the prosperity of the
lady whether mental or physical.

6
 Ankur Kumar “Domestic Violence in India: Causes, Consequences and Remedies” available at
<http://www.youthkiawaaz.com/2010/02domestic-violence-in-india-causes-consequences-and-remedies-2/>
7
United Nations Declaration on the Elimination of Violence against Women art. 1, Dec. 20, 1993, General
Assembly Resolution 48/104.
8
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9
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10
Indian Kanoon: https://indiankanoon.org/doc/542601/ (Last visited on 30th may 2022 at 5:50 pm)
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Aggressive behavior at home has turned into a subject of worry throughout recent many
years. This expansion in concern has been established in the consistent battles made by
people for the affirmation of these issues looked by ladies universally. The conflict to spread
mindfulness about violations against ladies, sharpen the issues and battle the protective way
of behaving of female survivors towards these wrongdoings has prompted the negligible
expansion in mindfulness about abusive behavior at home. India is a country with an
enormous provincial populace (Rural - Urban circulation : 68.84% and 31.16%)11 and a
separated pace of education in ladies when contrasted with men (58.8% rustic ladies were
proficient when contrasted with 78.6% rustic men. 79.9% metropolitan ladies were educated
when contrasted with 89.7% metropolitan men. A sum of 65.5% ladies were educated when
contrasted with 82.1% men).12 These elements can be viewed as sustaining variables of
aggressive behavior at home.

DEFINITION
According to the World Health Organization ('WHO'):
"Around the world, close to 33% (30%) of ladies who have been seeing someone that they
have encountered some type of physical as well as sexual viciousness by their cozy
accomplice in the course of their life. Worldwide, as numerous as 38% of murders of ladies
are carried out by a male close partner."12
In the South-East Asian district, 37.7% of ladies report having been the survivor of
homegrown abuse.13 A new significant survey of studies into homegrown maltreatment in
India viewed that as 41% of ladies detailed encountering abusive behavior at home during
their lifetime, and 30% revealed encountering a similar in the past year.14
The WHO utilizes the expression "personal accomplice viciousness" as opposed to
homegrown maltreatment. It characterizes the term as:"Behaviour by a close accomplice that
causes physical, sexual, or mental mischief, including demonstrations of actual hostility,
sexual intimidation, mental maltreatment, andcontrolling behaviours."15
The UK Government utilizes the accompanying definition:
"Any occurrence or example of episodes of controlling, coercive, compromising way of
behaving, savagery or maltreatment between those matured or over who are, or have been,
close accomplices or relatives paying little heed to orientation or sexuality. The maltreatment
can envelop, yet isn't restricted to: mental ,physical, sexual and monetary.

11
Census  of India, 2011, Rural Urban Distribution of  Population, Government of  India (May 31 19, 2022, 6:00
pm), https : //censusindia.gov.in/2011-prov-results/paper2/ data_fles/india/Rural_Urban_2011.pdf.
12
World Health Organisation, Violence Against Women (2017).
13
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14
Ameeta Kalokhe et al., Domestic Violence Against Women In India : A Systematic Review of a
Decade of Quantitative Studies, 12 Global Public Health 498 (2017).
15
World Health Organisation, Responding to Intimate Partner Violence and SexualViolence against Women :
WHO Clinical And Policy Guidelines (2013).
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HISTORY OF DOMESTIC VIOLENCE

The foundations of abusive behavior at home in India can be generally positioned around the
post - Vedic period. During this period, it was seen that the introduction of a little girl was
viewed as a dishonorable occasion and was seen to have brought upon calamity to the family.
The introduction of a child, then again, was viewed as a delighted event.16 The foundation of
ladies as the naturally unrivaled sex didn't influence the societal position of ladies. There is
adequate proof to demonstrate that the generally male centric culture has delivered ladies the
substandard sex and views ladies as minors all through their lives independent of their
genuine age. In this manner, expecting ladies to be safeguarded by guys all through their
lives. This burden of jobs as defender and subordinate has been imparted in the personalities
of people all through multitudinous ages and results in men treating ladies in a ruthless,
savage way in the pretense of being a defender even in the present 'current society'.

Del Martin, in her book on Domestic Violence, has seen that "Spouse beating, is a
complicated issue that includes substantially more than the actual demonstration or the
individual cooperation among husband and wife." 17 Further making sense of, she brought up
that the abusive behavior at home is established in the view of the idea of marriage in the
public eye and the demeanour of the general public towards ladies as an element in that idea
of marriage since the beginning of time. She likewise stresses on the food of these sorts of
viciousness by the "complexities of common and criminal regulation and conveyance
arrangement of social help agencies." The World Development Report of 1993 portrays that
out of the complete sickness (physical and non-physical) trouble on ladies (in the age
gathering of 15 - 44), 5% is assault and home-grown violence.18

KEY DEFINITION UNDER DOMESTIC VIOLENCE ACT

AGGRIEVED PERSON
According to the definition gave under the Domestic Violence Act in Section 2(a), an
"aggreived person" connotes any woman who is, or has been, in a local relationship with the
respondent and who charges to have been presented to any show of forceful conduct at home
by the respondent. Subsequently, any woman who is or has been in a local relationship is
equipped for present an inquiry conjuring game plans of the Act. The total or time span lived
individually by the competitor and respondent isn't needed to the extent that that the specialist
and respondent should live or have lived separately for a particular time span. Consequently,
application by a lady, for help, from a man with whom she shared a comfortable relationship
is feasible, M. Palani v. Meenakshi, 2008 SCC OnLine Mad 150.19

16
Rinki Bhattacharya, Behind Closed Doors : Domestic Violence in India 16 (Rinki Bhattacharya ed., Sage
Publications 2004).
17
Del Martin, Battered Wives XIV (Rev. Ed., 1980).
18
World Bank, World Development Report 1993 : Investing in Health (1993).
19
INDIAN KANOON: <https://ezproxy.svkm.ac.in:2090/Members/NoteView.aspx?
enc=KDIwMTYpIDEwIFNDQyAxNjUmJiYmJjQwJiYmJiZTZWFyY2hQYWdl>
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The Supreme Court had found in one of the cases that legitimate parcel doesn't change what
is happening with the mate as an "mistreated person" under Section 2(a) read with Section 12
and doesn't send the "local relationship" under Section 2(f). It communicated that lawful
parcel is a basic suspension of mate spouse's relationship and not an all out severance of the
relationship as happens in discrete, Krishna Bhattacharjee v. Sarathi Choudhury, (2016) 2
SCC 705.20
DOMESTIC RELATIONSHIP
As per Section 2(f) of the Domestic Violence Act, "homegrown relationship" signifies a
connection between two people residing in a common family. The homegrown relationship
can be through marriage like spouses, little girls in-regulation, sisters by marriage, widows
and some other individuals from the family; or blood connections like moms, sisters or little
girls; and other homegrown connections including reception, live-in connections, and ladies
in bigamous relationship or casualties of lawfully invalid relationships. The law tends to the
worries of ladies of any age independent of their conjugal status. The meaning of
"homegrown relationship" under the DV Act is comprehensive: when a definition provision
is characterized to "actually imply" such and such, the definition is at first sight prohibitive
and thorough, Indra Sarma v. V.K.V Sarma, (2013) 15 SCC 755.21
The Supreme Court additionally expressed that the word homegrown relationship implies a
relationship that has a few intrinsic or fundamental qualities of marriage however not a
marriage that is lawfully perceived. The maxim "relationship like marriage" can't be
understood in the theoretical. It is to be taken in the setting in which it shows up and to be
applied remembering the reason and object of the Domestic Violence Act as well as the
importance of the adage "like marriage",Indra Sarma v. V.K.V Sarma, (2013) 15 SCC 755.22

20
INDIAN KANOON: Krishna Bhattacharjee v. Sarathi Choudhury, (2016) 2 SCC 705:
https://ezproxy.svkm.ac.in:2090/Members/NoteView.aspx?
enc=MjAwOCBTQ0MgT25MaW5lIE1hZCAxNTAmJiYmJjQwJiYmJiZTZWFyY2hQYWdl
21
INDIAN KANOON: https://ezproxy.svkm.ac.in:2090/Members/NoteView.aspx?
enc=KDIwMTMpIDE1IFNDQyA3NTUmJiYmJjQwJiYmJiZTZWFyY2hQYWdl
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ABUSE OF ACT
Documenting bogus cases out of personal stakes subsequently disparaging the situation with
the regulation is one more hazard to the successful execution of regulation in the country. No
appropriate screening techniques to sift through vexatious cases are imagined under the Act
to make the framework secure. The Act is found to target male family members despite the
fact that the guilty party is female. However, they are a declaration to the way that
arrangements of the Act might be a powerful weapon in the possession of corrupt female
accomplices/individuals from the family."

"Articulating the language of privileges for ladies (and kids and the old i.e., the wards) inside
the home and in this manner trying to change the power relations of the male centric family
through the mantra of established freedoms is a significant and revolutionary mediation. This
regulation is conceived to make division inside the family, counter-savagery by a legitimate
insurance request and really take a look at male centric honour by forcing the law as a cutoff.

CASES RELATED TO IT

The adequacy of any regulation can be evaluated somewhat from the legal reaction to it. The
Protection of Women from Domestic Violence Act 2005, gives cure in the common
regulation to the casualties of abusive behavior at home. From one perspective, the Act has
made critical upgrades to the current regulations relating to savagery against ladies, and has
successfully connected all types of abusive behavior at home to requests for endowment.
Then again, the improvement of the Act through legitimate translation gives off an
impression of being defaced by disarray and irregularity. The establishment has prompted a
conduit of cases raising issues of ladies' privileges inside the regions of the homegrown
space. Not many cases have come up to the Apex Court. Every judgment passed by the High
Courts has helped with explaining, growing and deciphering arrangements of the Act. The
decisions chose for assessment under this section are those issues that have been much of the
time raised under the watchful eye of the different courts and give clearness on basic
arrangements of the Act."

"The Constitutionality of the Act was under test under the watchful eye of the Delhi High
Court in Aruna Pramod Shah v. Union of India .For this present circumstance a writ demand
was recorded by the mother in law attempting to smother methods under the Act began
against her in a lower court. It was battled that the Act offended Article 14 of the Constitution
of India since it gave protection just to women and not to men. The allure tried the
legitimateness of the Act on two grounds."

"Without skipping a beat, the direction express nature of the Act, i.e.by notwithstanding men,
is conflicting and, consequently, violative of Article 14 of the Constitution. The Court
pardoned this question since there is a qualification between class guideline and reasonable
gathering. Other than the up-and-comer battled that the arrangement of associations in the
possibility of marriage tantamount to 'married' status in region 2(f) of the Act prompts the
disparaging of the opportunities of the legitimately hitched companion. The Court excused
the ensuing debate by holding that there was not a great reason for why identical treatment
should not to be agreed to a life partner as well as a woman who has been living with a man
as his specially based guideline spouse or even as a lover.”
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In Suresh Khullar v. Vijay Kumar Khullar23 defendant was the second mate of the respondent
considering a notification for a suggestion of marriage began by respondent ensuring that he
was a separated from individual, engaging party married him and lived individually as a
team. The life partner had gotten an ex-parte separate from his most significant spouse.
Following several years, the get-togethers recorded separate techniques, the life partner for a
detachment and the spouse for help under section 18 of the Hindu Adoptions and
Maintenance Act, 1956. Under portion 18, support should be ensured by a Hindu mate. All
through the systems under the goal, it became noticeable that the ex-parte separate permitted
to the life partner for his most critical marriage had been saved. The ensuing mate's allure for
upkeep under the goal was, in this way, pardoned on the grounds that the marriage between
the social occasions was not really significant on the grounds that the spouse had a preceding
leftover alive marriage. The dismissal of this solicitation was sought after under the careful
attention of the Delhi High Court contingent on the game plans of the Act. The Court held
that while existing case guideline under the standard banished the giving of upkeep to the
second companion where there was a remaining alive legally significant first marriage, the
starter court had failed to see the way that the statement of detachment was in system on the
day that the resulting marriage was solemnized, making the second marriage genuinely
significant.

STATISTICAL DATA

India in a large portion of its districts and states essentially ticks off three of these five
variables, which can be acted like a risky danger to the security of ladies.

According to information gave by the Ministry of Home Affairs in 2013, in agreement with
the National Crime Records Bureau of India, the distinctions between documenting,
enrollment and conviction of cases are noticeable in the given table:

Year Cases Cases Cases Persons Persons Persons

registered charge- convicted arrested charge- convicted
sheeted sheeted

2009 7803 1641 236 641 695 9

2010 11718 4330 415 182 323 5

2011 9431 4499 17 695 713 3

Source: Ministry of Human Affairs24

23
A.I.R. 2008 Delhi 1. (A.K. Sikri and Aruna Suresh, JJ).
24
Shri R.P.N. Singh, Unstarred Question No. 283 - Lok Sabha, Ministry of Home Affairs, https :
//www.mha.gov.in/MHAl/Par2017/pdfs/par2013-pdfs/ls-260213/283.pdf.
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The quantity of cases charge-sheeted out of the quantity of cases selected was only 47% in
2011. The amount of cases with an unmistakable conviction is an outright least and the
quantity of individuals condemned is inconsequential. During a pandemic, the setback is
gotten with the guilty party with next to no strategy for getting out. It is difficult for them to
benefit from clinical resources even with government easements. The opening shot of liquor
stores by the state has furthermore made an upsetting situation for alcohol related violence
against women. In a survey conveyed in the Indian Journal of Medical Sciences, it was
communicated that alcohol abuse had a prompt association with potential outcomes and
levels of misuse. The survey shows that the use of nonattendance of social assistance to the
woman moreover denies her an out from the situation she is in. Social Support, here, suggests
the assistance of maternal family members. Under ordinary circumstances, the assistance of
family members could be possible if available, anyway, on account of the pandemic, getting
their genuine assistance has become more irksome than it recently was.
The factors that for the most part execute oppressive way of behaving at home seem to have
become more horrendous all through the pandemic, in this way proposing a significant ice
breaker on the prosperity of women in their own homes. The state needs to review its ways to
deal with the security of individuals for the pandemic and anyway to propel the situation.
There is a conflict in our homes, that in excess of 8,500 women were killed by their mates
and family members, and 1,03,272 cases of local abuse were kept in 2018. Oppressive way of
behaving at home is a reality that stayed alive before the Covid and has created because of
the lockdown since women are prohibited in with their scoundrels. The strain and stress of
the guilty party's home and work commitments are followed through on women" said
Anuradha Kapoor, Director of Swayam, a NGO in Kolkata.25 The kind of violence that is
being caused for them right now is considerably more real. We had a woman gotten in a room
mentioning that we call the police to save her since she dreaded her life. Another woman who
was pregnant was beaten earnestly to the point that she and her 5-year-old young lady
brought care of the house and returned to home base to her people around 12 PM. Small
children have moreover been searching for help since they are being misused by their kin and
fathers," she added. This is likely since this commitment has generally been conveyed, and
stays to be disproportionately maintained, by women. The separation is considerably more
skewed for Indian women who do more uncompensated thought and work at home than
women in a few different nations. Indian women spend up to 6 hours day to day working at
home, which is north of an hour spent by men.

25
Jagriti Chandra, NCW records sharp spike in domestic violence amid lockdown, the hindu https :
//www.thehindu.com/news/national/
ncw-records-sharp-spike-in-domestic-violence-amid-lockdown/article31835105.ece.
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CONCLUSION
It will in general be contemplated that in case of intimate or local inquiries, kids are denied
admittance to their fathers, which in result makes remarkable desolation for the fathers and
young people. The relatives of the life partner are in like manner leaned to incitement. The
really misused guidelines like IPC Section 498-An and Domestic Violence Act are causing
what's going on fear, normal uncertainty and ominously affecting confidential associations
among individuals in the overall population. There is a sensation of fear and vulnerability
among men, who find it trying to rest trust in women or marriage. The data/information from
various sources reveals that metropolitan and showed women are for the most part drawing
closer to record the complaints under the harmful way of behaving at home guidelines.
Tragically, a man faulted for forceful way of behaving at home is considered culpable until
exhibited guiltless contrary to conventional guidelines of value. Specifically, counterfeit
instances of forceful way of behaving at home are typical and unpunished in many States. It
is in like manner really incline toward discrete from technique in many States. It could be
said that impelling of spousal abuse by a woman is upheld by these guidelines. Habitually, a
life partner could intentionally instigate a spouse to hit her with a ulterior gloat of getting a
genuinely sure partition settlement.26
Women are making the most of how they are implied as the "more fragile sex" and in light of
praises guaranteed to them are excusing others' chances and misusing express plans of rules.
At a tantamount spot of time, I am of the assessment that essential abuse ought not be the
ground for the dropping the strategies of rules like Section 498-An IPC or Protection of
Women from Domestic Violence Act. In any case, several pivotal measures and changes are
proposed in both these strong ways of acting at home rules to keep away from their abuse.
Educating part envisioned under the Protection regarding Women from Domestic Violence
Act should be executed by State Governments and coordinating of get-togethers should be
done only by skillfully qualified guides and not by the police. The police should think about
empanelling capable aides with Crime Against Women Cells.
Steps should be taken to imply the have an effect on the mediation local area or district
genuine aide place a gathering of teachers/conciliators. On the off chance that the social
events choose to have decided individuals as mediators/conciliators, they ought to imply such
individuals. The powers of catch on such grumblings are rehearsed warily and cautiously. It
is similarly suggested that that catches under Section 498-An IPC should be done solely with
the made solicitations out of the cop of the level of DCP or same and for good reasons.

26
SCC ONLINE: https://ezproxy.svkm.ac.in:2090/Members/SearchResult.aspx