The problem of violence in the home is a serious one that affects millions of people all over the world, including those who live in India. Regrettably, instances of domestic violence are frequently elevated to a pivotal position in the course of divorce proceedings in India. Domestic violence has the potential to have a significant bearing on the outcome of a divorce in India, particularly with regard to the division of property, the allocation of parental responsibilities, and the issuance of orders of protection.
Domestic Violence in India
There is a pervasive problem of domestic violence in India, with reports indicating that one in three women will experience some form of domestic violence at some point in their lifetime. Abuse in the context of intimate relationships can take many forms, including sexual assault as well as physical, emotional, and psychological violence. Although men are less likely to be abused by their partners, they still have the potential to become victims of domestic violence. A divorce lawyer in Chandigarh can be an invaluable resource for a victim of domestic violence seeking to understand their legal options and secure their safety.
The Indian legal system has acknowledged the severity of the problem of domestic violence and begun to take action to combat it. Women in India who have been the victims of domestic violence are afforded legal protection thanks to the Protection of Women from Domestic Violence Act, which was passed into law by the Indian government in 2005. The term “domestic violence” refers to any act of physical, sexual, verbal, emotional, or financial abuse that is committed by a person against a woman who is his wife or with whom he is in a domestic relationship. The Act defines “domestic violence” as “any act of physical, sexual, verbal, emotional, or economic abuse.”
Effects on Property Division
The Hindu Marriage Act is the law that governs the distribution of assets in the event of a divorce in India. This law is applicable to Buddhists, Sikhs, and Jains as well as Hindus. The Act mandates that both parties receive an equal share of the property when it comes to the division of assets during a divorce. However, in cases of domestic violence, the court may take into consideration the abuse that the victim suffered and award the victim a larger share of the property. This is because the court recognises the severity of the abuse.
In some instances, the victim of domestic violence may have made a greater contribution to the acquisition of the property, either through their own efforts or through financial contributions. This may be the case when the victim’s own efforts or contributions are considered. When a situation like this arises, the court may decide to give the victim a larger portion of the property. Additionally, if the abuser has wasted the marital assets through gambling, substance abuse, or any other means, the court may award the victim a larger share of the assets that are still in existence. This could be the case if the victim has been the victim of domestic violence. A victim of domestic violence can seek legal recourse in the form of criminal charges against their abuser with the assistance of a criminal lawyer in the Chandigarh High Court.
Effects on Child Custody
The delicate matter of child custody is frequently made more difficult by instances of domestic violence. When it comes to decisions regarding child custody, the Indian legal system places a primary emphasis on what is in the child’s own best interests. However, in situations involving domestic violence, the court may take into consideration the child’s safety and wellbeing and decide to give custody of the child to the parent who has not been abusive to the child.
If the court determines that the victim of domestic violence is the primary carer for the child, then the victim may be granted custody of the child. If it is determined to be in the child’s best interests, the court may also decide to bar the abusive parent from having any visitation with the child at all, order supervised visitation for the abusive parent, or both.
Effects on Orders of Protection
Domestic violence can be prevented through the use of orders of protection, which are a type of legal mechanism. Under the Protection of Women from Domestic Violence Act, individuals in India have the ability to apply for and receive orders of protection. The Act allows for the issuance of protection orders, which can forbid the perpetrator of abuse from committing additional acts of violence or from contacting the victim in any way.
In the course of a divorce proceeding, the court has the authority to issue a protection order in the event that one of the parties is a victim of domestic violence. The order can require the abuser to stay away from the victim and can prohibit the abuser from contacting the victim. Additionally, the order can prohibit the abuser from contacting the victim. The court may also place the abuser in counselling or demand that they take classes on how to control their anger. A Divorce lawyer is always there to help their clients through the complex legal process. They can also aid in securing the victim’s rights and the fair treatment they are owed.
Conclusion
In India, domestic violence is a serious problem that can have far-reaching effects on the outcome of a divorce proceeding. Domestic violence victims may be eligible for a larger share of the marital property, may be granted custody of the children, and may be granted orders of protection from their abusers. It is imperative that a person who has been the victim of domestic violence seeks the assistance of a lawyer in order to protect their rights and ensure that they are treated fairly during the divorce proceeding.