Can I go to jail in a DV case?
Understand the complexities of Domestic Violence Petitions through a legal lens. Learn about the civil remedies available to aggrieved parties under the Domestic Violence Act and the potential consequences, including imprisonment, for breaching protection orders. Delve into the historical context and legislative intent behind the DV Act while exploring its impact on both victims and accused parties. Gain insights into navigating the legal landscape surrounding domestic disputes and protecting one's rights within the framework of the law.
5/21/20241 min read
My wife has filed a DV Petition against me. Could I end up in jail?
I often find myself explaining to my clients that while a DV Petition filed by the wife might seem criminal, it's actually geared towards providing civil remedies for the aggrieved party.
When Parliament crafts laws, it clearly outlines its intentions. Thus, according to the DV Act, wives can seek civil remedies only in case they succeed in proving cruelty against them.
It's crucial to recognize that while imprisonment is rare, breaching protection orders in favour of wife can indeed lead to coercive actions, including imprisonment.
I've outlined the intent of the Parliament before enacting DV Act, civil remedies available to wives and the scenarios that might lead to imprisonment.
Back in 2002, the Protection from Domestic Violence Bill was under scrutiny in the Lok Sabha and was later referred to a Department Standing Committee of the Ministry of Human Resource Development in the Rajya Sabha. The Committee's 124th report focused on the Bill's aim to provide civil remedies, emphasizing the preservation of family while safeguarding victims of domestic violence. Subsequently, the DV Act was enacted as Act 43 of 2005.
The Act concentrates on providing civil remedies, as detailed in Chapter IV. Key reliefs that a Magistrate can grant under the Act include Protection Orders (Section 18), Residence Orders (Section 19), Monetary Relief (Section 20), Custody Orders (Section 21), and Compensation Orders (Section 22).
However, there's a significant caveat. Breaching a Protection Order or Interim Protection Order is considered a Non-Cognizable and Non-Bailable offence under Sections 31 and 32 of the Act.
While the Act was initially aimed at ensuring the women's safety, it is disheartening to see it often used for exploitation and extortion against husbands. Despite acknowledging the Act's noble intentions, it's impossible to ignore the blatant discrimination husbands face, often resulting in job loss, financial strain, mental anguish, and societal stigma, all under the guise of "Protecting Women."