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Who is called the aggrieved person in a domestic violence case?

09-May-2025
Domestic Violence

Answer By law4u team

Under The Protection of Women from Domestic Violence Act, 2005, the term aggrieved person refers to: A 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. Here's a breakdown of the definition: 1. Woman Only: Only women can be considered aggrieved persons under this Act. Men cannot seek relief under this particular law. 2. Domestic Relationship: There must be a domestic relationship between the woman and the respondent. This includes: Marriage (including live-in relationships) Family relationships by blood, marriage, or adoption Relationships akin to marriage 3. Subjected to Domestic Violence: The woman must allege that she has been subjected to one or more forms of domestic violence, which may include: Physical abuse Sexual abuse Verbal or emotional abuse Economic abuse For example: A wife alleging cruelty by her husband A daughter-in-law alleging abuse by her in-laws A female partner in a live-in relationship claiming harm or threats In all such cases, the woman is the aggrieved person entitled to seek reliefs under the Act, such as protection orders, residence orders, monetary relief, custody orders, and compensation.

Answer By Ayantika Mondal

Dear Client, The 2005 Protection of Women from Domestic Violence Act says an "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and alleges to have been subjected to any act of domestic violence by the respondent. For the sake of a further explanation of this definition: A "domestic relationship" means a relationship between two persons who live or, at any point in time, have lived together in a shared household, provided they are related through consanguinity, marriage, or through a relationship in the nature of marriage, adoption, or as family members living together as a joint family. The Act contemplates the protection of the rights of women within the family who have been subjected to violence by more effective means. Hence, its definition of an aggrieved person contemplates a woman. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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