⚖️ Top 10 Delhi Judicial Level Questions

Domestic Violence & Maintenance (with Model Answers)

1. Explain the concept of “Domestic Relationship” under the DV Act.

Model Answer

The expression domestic relationship under the Protection of Women from Domestic Violence Act, 2005 refers to a relationship between two persons who live or have lived together in a shared household and are related by:

marriage
consanguinity
adoption
relationship in the nature of marriage
family members living jointly

The concept is intentionally broad to protect women facing abuse in various family arrangements. The inclusion of live-in relationships ensures that women who are not formally married but live in relationships resembling marriage are not left remediless.

Courts determine such relationship by examining:

duration of cohabitation
shared household
social recognition
financial arrangements

Thus the DV Act adopts a social justice approach to prevent abuse within domestic settings.

2. What reliefs can be granted by a Magistrate under the DV Act?

Model Answer

Under the Protection of Women from Domestic Violence Act, 2005, the Magistrate may grant several civil remedies to the aggrieved woman.

The major reliefs include:

Protection Order – restraining the respondent from committing further domestic violence.
Residence Order – ensuring the woman’s right to reside in the shared household.
Monetary Relief – compensation for expenses, loss of earnings, medical expenses, and maintenance.
Custody Orders – temporary custody of children.
Compensation Orders – damages for mental torture and emotional distress.

These remedies are designed to provide immediate and effective protection, distinguishing the Act from purely criminal proceedings.

3. Discuss the concept of “Shared Household”.

Model Answer

A shared household under the Protection of Women from Domestic Violence Act, 2005 means a household where the aggrieved person lives or has lived in a domestic relationship with the respondent.

Ownership of the property is not decisive. Even if the property belongs to the in-laws, the woman may claim a right of residence if it was her matrimonial home.

The objective of the provision is to ensure that a woman is not rendered homeless due to domestic disputes. The Magistrate may pass a residence order restraining the respondent from dispossessing her or directing alternative accommodation.

4. Discuss the object and scope of maintenance law.

Model Answer

Maintenance provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 aim to prevent destitution and vagrancy of neglected spouses, children, and parents.

The law imposes a moral and legal obligation upon a person with sufficient means to maintain dependents who are unable to maintain themselves.

The proceedings are summary in nature, ensuring speedy relief rather than prolonged litigation.

Courts consider factors such as:

income of the husband
needs of the wife and children
standard of living
liabilities of the parties

Thus the provision serves a social welfare purpose.

5. Can a working wife claim maintenance?

Model Answer

Yes, a working wife may still claim maintenance if her income is insufficient to maintain herself in a manner comparable to the matrimonial standard of living.

The purpose of maintenance law is not merely survival but living with dignity. Therefore, the court evaluates whether the wife’s income adequately meets her needs considering:

cost of living
social status of the parties
responsibilities towards children.

Hence employment alone does not automatically disentitle a woman from maintenance.

6. Whether interim maintenance can be granted under the DV Act?

Model Answer

The Protection of Women from Domestic Violence Act, 2005 empowers the Magistrate to grant interim and ex parte orders to protect the aggrieved woman.

Interim monetary relief is granted when:

there is a prima facie case
delay would cause hardship
the woman requires immediate support.

The purpose is to ensure that the woman does not suffer financial distress during pendency of proceedings.

7. Can multiple maintenance proceedings run simultaneously?

Model Answer

A woman may pursue maintenance under different statutes such as:

criminal procedure provisions
DV Act remedies
matrimonial laws.

However, courts ensure that double recovery is avoided. If maintenance is granted in one proceeding, the amount may be adjusted in the other.

This approach ensures effective relief without unjust enrichment.

8. What constitutes domestic violence under the DV Act?

Model Answer

Domestic violence under the Protection of Women from Domestic Violence Act, 2005 includes:

physical abuse
sexual abuse
verbal and emotional abuse
economic abuse

Economic abuse includes deprivation of financial resources, disposal of assets, or denial of maintenance.

The Act recognizes that violence within families may take various non-physical forms, thereby broadening the scope of protection.

9. Discuss the jurisdiction of courts under the DV Act.

Model Answer

A complaint under the Protection of Women from Domestic Violence Act, 2005 may be filed before the Magistrate where:

the aggrieved person resides
the respondent resides
the cause of action arose.

This flexible jurisdictional rule ensures easy access to justice, particularly for women who may have taken shelter at their parental homes.

10. Whether parents can claim maintenance?

Model Answer

Yes, parents who are unable to maintain themselves may claim maintenance under the Bharatiya Nagarik Suraksha Sanhita, 2023.

The provision recognizes the filial duty of children to support their aged parents.

The court examines:

financial condition of the parents
earning capacity of the children
overall circumstances of the case.

The object is to ensure that elderly parents are not left in neglect or poverty.

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