📚 DOMESTIC VIOLENCE & MAINTENANCE

Judicial Exam Ultra-Revision Sheet

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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.

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2️⃣ Key Definitions

Aggrieved Person (Sec 2(a))

A woman who:

• is in a domestic relationship

• alleges domestic violence

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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)

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Shared Household (Sec 2(s))

House where the aggrieved person:

• lives or lived with respondent

• irrespective of ownership

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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

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4️⃣ Authorities under DV Act

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5️⃣ Reliefs Available under DV Act

Protection Order (Sec 18)

Court may restrain respondent from:

• committing violence

• contacting victim

• entering workplace/home

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Residence Order (Sec 19)

Court may:

• restrain dispossession

• allow residence in shared household

• provide alternate accommodation

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Monetary Relief (Sec 20)

Includes:

• maintenance

• medical expenses

• loss of earnings

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Custody Order (Sec 21)

Temporary custody of children.

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Compensation Order (Sec 22)

Compensation for:

• mental torture

• emotional distress

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6️⃣ Interim Orders

Court may grant:

• interim relief

• ex parte orders

If delay may cause harm.

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7️⃣ Procedure under DV Act

Application may be filed by:

• aggrieved woman

• protection officer

• any person on her behalf

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8️⃣ Breach of Protection Order

Punishable with:

• 1 year imprisonment

• or ₹20,000 fine

• or both

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PART 2 – MAINTENANCE LAW

Maintenance provisions now exist under:

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

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1️⃣ Object of Maintenance Law

To prevent:

• destitution

• vagrancy

• neglect of dependents

It is a social justice measure.

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2️⃣ Who Can Claim Maintenance

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3️⃣ When Wife Not Entitled

Maintenance may be refused if:

• living in adultery

• refuses to live with husband without sufficient reason

• mutual separation

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4️⃣ Factors for Fixing Maintenance

Courts consider:

• income of husband

• income of wife

• standard of living

• dependents

• cost of living

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5️⃣ Interim Maintenance

Granted during pendency of proceedings.

Purpose:
prevent financial hardship.

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6️⃣ Enforcement of Maintenance

If husband fails to pay:

Court may:

• issue warrant

• sentence imprisonment

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PART 3 – DV ACT vs MAINTENANCE

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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.

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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?

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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