Under which law can a person seek protection from domestic violence even if they are not married?

Answer By law4u team

In India, a person can seek protection from domestic violence even if they are not married under the "Protection of Women from Domestic Violence Act, 2005" (PWDVA). This law provides protection to women, regardless of their marital status, who have been subjected to domestic violence in various forms, including physical, emotional, economic, or verbal abuse within a domestic relationship. Key points to note regarding the Protection of Women from Domestic Violence Act, 2005: Scope: The PWDVA is not limited to married women but extends protection to women in a domestic relationship, including those in live-in relationships, widows, divorced women, mothers, sisters, etc., who live or have lived in a shared household. Definition of Domestic Violence: The Act defines domestic violence broadly to include physical, sexual, emotional, verbal, economic, and other forms of abuse or harassment. Protection Orders: The Act allows the victim to seek various protection orders from the court, including protection orders against violence, residence orders for staying in the shared household, monetary relief, custody orders, etc. Procedure: The victim can file an application before the Magistrate seeking protection orders, and the court will conduct hearings to determine appropriate relief. Emergency Relief: The court can issue ex parte (immediate) orders for protection if it deems it necessary to protect the victim. Violation of Orders: Violation of protection orders under the Act can lead to penalties and imprisonment for the offender. It's important to note that the Protection of Women from Domestic Violence Act, 2005, is gender-specific, and it primarily provides protection to women. Men who are victims of domestic violence may seek recourse through other legal provisions or laws, such as filing complaints under the Indian Penal Code (IPC) for physical assault, threats, or harassment. If you or someone you know is facing domestic violence and seeks protection under this law, it's advisable to consult with a legal expert or approach a Protection Officer, a service provider, or a women's shelter for guidance on how to initiate legal proceedings under the PWDVA.

Indian Related Questions

Discover clear and detailed answers to common questions about Indian. Learn about procedures and more in straightforward language.

Law4u App Download