DOMESTIC VIOLENCE & MAINTENANCE Judicial Exam Ultra-Revision Sheet

Posted on March 6, 2026 by Admin

📚 DOMESTIC VIOLENCE & MAINTENANCE

Judicial Exam Ultra-Revision Sheet

PART 1 – DOMESTIC VIOLENCE ACT

1️⃣ Object of the Act

The Protection of Women from Domestic Violence Act, 2005 aims to:

Protect women from domestic violence
Provide civil remedies through criminal courts
Ensure speedy relief and protection

The Act is remedial and welfare legislation.

2️⃣ Key Definitions

Aggrieved Person (Sec 2(a))

A woman who:

is in a domestic relationship
alleges domestic violence

Domestic Relationship (Sec 2(f))

Relationship between persons who live or have lived together and are related by:

marriage
consanguinity
adoption
joint family
relationship in nature of marriage (live-in)

Shared Household (Sec 2(s))

House where the aggrieved person:

lives or lived with respondent
irrespective of ownership

3️⃣ What is Domestic Violence (Sec 3)

Domestic violence includes:

Physical Abuse

Assault, injury, criminal force

Sexual Abuse

Forced sexual conduct

Verbal & Emotional Abuse

Insults, humiliation

Economic Abuse

denial of money
disposal of assets
prohibition to work

4️⃣ Authorities under DV Act

Authority	Role
Magistrate	Pass orders
Protection Officer	Assist victim
Service Provider	Provide medical/legal help
Police	Record complaints

5️⃣ Reliefs Available under DV Act

Protection Order (Sec 18)

Court may restrain respondent from:

committing violence
contacting victim
entering workplace/home

Residence Order (Sec 19)

Court may:

restrain dispossession
allow residence in shared household
provide alternate accommodation

Monetary Relief (Sec 20)

Includes:

maintenance
medical expenses
loss of earnings

Custody Order (Sec 21)

Temporary custody of children.

Compensation Order (Sec 22)

Compensation for:

mental torture
emotional distress

6️⃣ Interim Orders

Court may grant:

interim relief
ex parte orders

If delay may cause harm.

7️⃣ Procedure under DV Act

Application may be filed by:

aggrieved woman
protection officer
any person on her behalf

8️⃣ Breach of Protection Order

Punishable with:

1 year imprisonment
or ₹20,000 fine
or both

PART 2 – MAINTENANCE LAW

Maintenance provisions now exist under:

Bharatiya Nagarik Suraksha Sanhita, 2023
(previously Section 125 CrPC)

1️⃣ Object of Maintenance Law

To prevent:

destitution
vagrancy
neglect of dependents

It is a social justice measure.

2️⃣ Who Can Claim Maintenance

Person	Condition
Wife	unable to maintain herself
Child	minor or disabled
Parents	unable to maintain themselves

3️⃣ When Wife Not Entitled

Maintenance may be refused if:

living in adultery
refuses to live with husband without sufficient reason
mutual separation

4️⃣ Factors for Fixing Maintenance

Courts consider:

income of husband
income of wife
standard of living
dependents
cost of living

5️⃣ Interim Maintenance

Granted during pendency of proceedings.

Purpose:
prevent financial hardship.

6️⃣ Enforcement of Maintenance

If husband fails to pay:

Court may:

issue warrant
sentence imprisonment

PART 3 – DV ACT vs MAINTENANCE

Feature	DV Act	Maintenance Law
Nature	Civil remedies	Summary criminal remedy
Who can apply	Woman only	Wife, children, parents
Relief	Multiple protections	Monthly maintenance
Court	Magistrate	Magistrate

PART 4 – Important Judicial Principles

1️⃣ Maintenance prevents destitution.
2️⃣ Able-bodied husband cannot avoid responsibility.
3️⃣ Wife earning small income may still receive maintenance.
4️⃣ Domestic violence includes economic abuse.
5️⃣ Wife has right to residence in shared household.

PART 5 – Frequently Asked Mains Questions

1️⃣ Define domestic relationship.
2️⃣ Explain concept of shared household.
3️⃣ Discuss reliefs under DV Act.
4️⃣ Explain object of maintenance law.
5️⃣ Can working wife claim maintenance?

PART 6 – Answer Writing Structure (Judicial Mains)

Use this structure:

1️⃣ Introduction
2️⃣ Relevant statutory provisions
3️⃣ Explanation of legal concept
4️⃣ Case law (if needed)
5️⃣ Conclusion

Landmark Supreme Court Cases on Maintenance

Admin
March 6, 2026
188

📚 Landmark Supreme Court Cases on Maintenance 1️⃣ Rajnesh v. Neha Citation: (2021) 2 SCC 324 Principles laid down: Supreme Court issued comprehensive guidelines on maintenance. Courts must consider income, assets, liabilities, standard of living, dependents. Both husband and wife […]

Rajnesh v. Neha Citation: (2021) 2 SCC 324

Admin
February 20, 2026
208

Rajnesh v. Neha Citation: (2021) 2 SCC 324Bench: Justice Indu Malhotra & Justice R. Subhash ReddyDate: 4 November 2020 Rajnesh_vs_Neha_Full_Case_Analysis_and_Formats Editable_Affidavit_Rajnesh_Guidelines Gujarati_Affidavit_Rajnesh_Guidelines 📘 Detailed Paragraph-Wise Judgment Breakdown Below is a structured, issue-wise breakdown aligned with the reasoning flow of the […]