DOES COURT WANT PROOF OF DOMESTIC VIOLENCE FROM THE WIFE?
Domestic violence refers to the crimes which may arise in the family or a relationship, as the term ‘domestic’ signifies, the violence in the said crime often occurs within the premises of home or in a private space between the family relations or a couple. As the crime of domestic violence often takes place within the confines of the family house, the people outside the family may not be aware of the incidents happening within the premises. Thus, sometimes the law is misused by the female member or sometimes the victim may not even have proper witnesses to her.
Domestic violence- As per Section 3 of the Protection of Women from Domestic Violence Act, 2005, domestic violence could be defined as-
- Any act, omission or commission or conduct of the respondents, which-
- Harms or injures the health, safety, life, limb or well-being, either mental or physical, of the victim or may tend to do so
- It also includes causing physical abuse, sexual abuse, verbal or emotional abuse, economic abuse by the respondent
- Harms, harasses, injures or endangers the aggrieved person so as to coerce her into meeting the unlawful demands for dowry or other property or some valuable security.
- Through above-mentioned acts which may threaten the victim or any other person related to her
The charges of domestic violence- the charges of domestic violence by the wife could be proved, if the wife could provide evidence in the form of a police complaint filed to support the instances of violence or physical assault, or a medical report to prove the same. For further legal opinions in the case of domestic violence, it is advised to seek legal advice from a Domestic Violence Lawyers In Mumbai.
Evidence and Burden of proof of domestic violence-
- To prove through facts or evidence in the court of law is called the burden of proof. In the case of domestic violence, the onus/ burden of proof lies on the person making the allegations, thus the woman who claims to have been harassed will have to prove the commission of domestic violence against her in the court of law.
- Thus, when the complainant has alleged the commission of domestic violence against her, she will have to produce cogent evidence for the same.
- After the complainant has produced primary onus of proof, the burden of proof to prove others shall shift to the defendant.
- The petitioner shall be provided relief in the case of domestic violence only after she has proved herself to be an aggrieved person as provided under section 2 (a) of the Act.
- Mere allegations, which are not specific or are vague, shall not be accepted as the proof of Domestic violence.
Defenses to domestic violence-
- In many cases, the statute of domestic violence applies to certain relationships only. For example, violence between husband and wife, or two household members.
- The provisions of domestic violence shall not apply if the violence occurs between two individuals who are acquaintances or complete strangers.
- There are also instances where you could plead that no violence ever occurred or if any violence did occur, the perpetrator in the same was the other party. To prove your point, it will be helpful if you could present more evidence supporting your statement.
- Sometimes, the individual charged may also raise the defense that the act of violence was committed in self-defense.
Conclusion-
- From the above article it can be inferred that the burden of proof in the case of domestic violence shifts to the development of the case. Thus, both the parties have to submit sufficient evidence to prove themselves as innocent or not guilty.
- In case of the victim, sufficient evidence has to be submitted to support the allegations of domestic violence as mere facts or vague statements cannot be taken as the proof of domestic violence. Thus, before filing a complaint or taking some legal action against the other party, it is important to understand the legal provisions involved. Thus, it is advised to seek legal guidance from an experienced family lawyer in Gurgaon.
- Similarly, if you have been charged with the complaint of domestic violence, you shall immediately seek proper legal advice from a family lawyer in mumbai.
- Lead India offers you a team of experienced advocates dealing with the cases related to divorce, maintenance, domestic violence and so on. Thus, if you seek legal advice or assistance for the same, you may contact us.
Visit us: - https://www.leadindia.law
Call Us: - +91-8800788535 Email: care@leadindia.law
YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates
Facebook: - https://www.facebook.com/leadindialaw
LinkedIn: - https://www.linkedin.com/company/76353439
Twitter: - https://twitter.com/leadindialaw
Pinterest: - https://in.pinterest.com/lawleadindia
Instagram: -https://www.instagram.com/leadindialawofficial
Domestic Violence Lawyers In Mumbai, family lawyer in Gurgaon, family lawyer in mumbai
