What actions are considered as domestic violence under the law?

Dismissing a domestic violence complaint filed by a woman against her ex-husband, the Bombay High Court has held that merely getting remarried after a divorce is not an act of domestic violence under the law. 

What are the forms of abuse under domestic violence?

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.
• Economic abuse – Depriving a woman of economic or financial resources to which she has a legal right. This could  be maintenance payable to her under a court order or even basic necessities for the household and children, etc.

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.