Domestic Violence and Cruelty in Marriage
Marriage is one institution where two persons enter as individual but once entered they start living as a unit. This unity is backed by mutual understanding and respect for each other apart from love and care. If any of these ingredients are missing in a married life, there arise the case of quarrels between the spouses which often lead to violence, cruelty and harassment.
Though commonly speaking, it is the women who are subjected most to cruelty but with the changing trends it is seen that even men are also not exempted from this cruel reality of disrupted married life.Kinds of Domestic Violence and Cruelty
Cruelty can be both mental as well as physical. It can be by words spoken or by the physical actions. It can be by doing something which should not be done or by not doing something which should have been done.Instances of Cruelty with females :
Cruelty towards women in their domestic relation can be exemplified from the following instances:
2. Using physical violence or an attempt to assault on her 0
3. Refusing basic necessities which includes food, clothing and shelter
4. Derive her to her rightful maintenance
5. Wrongfully confinement of wife
6. Restriction on movement, social interaction, contacting her parents etc.
7. Preventing her from meeting/taking care/enjoying custody of her children.
8. Demanding Dowry in any form
9. Threatening to kill her
Instances of cruelty with males :
Where it comes to males, the form of cruelty is
more or less the same as that of a women which can be exemplified as under:
- Using abusive language for him or his relatives
- Using physical violence on him
- Threatening to do harm / kill
- Refusing to cohabit
- Threatening to implicate in false cases of cruelty / dowry etc.
- Insulting him in front of others like his office staff, relatives, other third persons
Protection
under law :
With respect to woman being subjected to cruelty, she has been provided protection by various laws in India. Provisions of Section 498-A of IPC are specifically in this respect. A special enactment in the form of Protection of women from domestic violence Act, 2005 was passed for protection of women from cruelty in the hands of her husband and her in-laws.
However, no specific provisions or enactment till date have been made for protection of males from cruelty inspite of rising trends of cruelty against males.
Only remedy available to them is to either completely annul the marital tie or seek remedy under any of the provisions of IPC in case of physical abuse or in case of being trapped in false litigations.Section 498 A of IPC
Even though matrimonial cases are considered to be art of civil and family laws, yet the matrimonial cases can fall into the category of Criminal Litigation.
Domestic violence and cruelty by husband and his relatives upon the wife with regards to Dowry demand and physical assault, proceedings under section 498 A of IPC fall in category of Criminal litigation. A case registered against the husband and his relatives who were causing such cruelty or whose name is mentioned in complaint filed by wife.
Along with the complaint under section 498A of IPC, a case under section 406 of IPC can be filed for breach of trust besides provisions of IPC and Dowry Prohibitions Act
The first and foremost thing for husband and his relatives needs to do is to apply for an interim protection, anticipatory bail and regular bail.
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