Feb 24, 2022
Did you know: No maintenance to a wife can be economic abuse – a type of domestic violence
Trigger Warning: This post contains information on physical violence and sexual violence which some readers may find disturbing.
The Tripura High Court has said that economic abuse is a form of domestic violence. It includes deprivation of financial resources which are legally or rightfully owed to a woman. Therefore, denying maintenance allowance to a wife would cause economic abuse to her under the domestic violence law.
What are the other forms of abuse under domestic violence?
Apart from economic abuse, domestic violence can include:
- Physical abuse – Any act or conduct which causes bodily pain, harm, or danger to life, health, or development of a woman, including assault, criminal intimidation and criminal force.
- Sexual abuse – Any conduct of a sexual nature that abuses, humiliates, degrades or violates a woman’s dignity.
- Verbal and emotional abuse – Insults, ridicule, humiliation, and name calling, especially with regard to not having a child or a male child. It also includes repeated threats to cause physical pain to any person in whom the affected person has an interest.
Who can complain against domestic violence?
Only a woman who is/has been in a domestic relationship with the accused, can file a complaint against domestic violence by the accused.
Whom can the complaint be filed against?
A woman can file a domestic violence complaint against any person with whom she is/has been in a domestic relationship. This includes:
- Husband/male partner
- Relatives of her husband or male partner, including in-laws, aunts, uncles, etc.
- Minors (on a case-to-case basis)
What is a domestic relationship?
A domestic relationship is any relationship between two people who live/have lived together in a shared household. The two people must be related by consanguinity, marriage, live-in relationship in the nature of marriage, or adoption, or must be family members living together as a joint family.
Can you get monetary compensation under the domestic violence law?
Yes, while deciding the case, the court can order the respondent to pay monetary relief to cover any expenses and losses that you have incurred because of domestic violence. The monetary amount can cover:
- Loss of earnings
- Medical expenses
- Loss caused due to the destruction or removal of any property from your control
- Maintenance for you and your children
The monetary amount granted should be adequate, reasonable and consistent with the standard of living that you are used to.
To know more about your rights against domestic violence, read our explainer.