Domestic violence and divorce

Domestic violence, a very common term in India since ages. Domestic violence is synonymous with family violence which envelopes elder abuse, child abuse, and the forms of violence between family members moreover domestic violence which is more common with the spouses is often defined as Intimate Partner Violence. Terms like wife battering, wife beating, husband beating, husband abuse, wife abuse are regularly used in instances of domestic violence. This abuse is not limited physically, the terms like battering and battered are less accepted now-a-days because they do not cover up other forms of violence which go beyond physical abuse. These other forms of abuse also have the potential create to severe mental and emotional disorders in individuals which can escalate in to acts of suicide and self-damage.

In case of domestic violence one can seek court and can file a divorce petition for the metal or physical torture. The court can protect you if your abuser harms you physically or tries to harm you physically and makes you afraid that serious physical harm is going to happen to you or threatens, pressurize you or force to get intimate. Thus a court order can protect you from further harm under abuse prevention order, a restraining order or under 209A.

Primarily discussing the protection given to women from domestic violence is given under Protection of Women from Domestic Violence Act 2005. For example, not giving you money to run the household or for the children would fall under the definition of economic abuse as per this act. Definition under this act of Domestic Violence under section 3 of the act goes like-

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
    (a) Harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
    (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
    (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
    (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Explanation I.— For the purposes of this section,—
    (i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
    (ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
    (iii) “verbal and emotional abuse” includes—
    (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
    (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
    (iv) “economic abuse” includes¬—
    (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
    (b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
    (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

From the above provision a women can easily protect her from the danger and seek court for divorce and protective orders. First, where domestic violence is present in a marriage, many spouses may seek both a divorce and a protective order prohibiting an abusive spouse from coming near them. While divorce signifies the end of a marriage, nothing about a divorce specifically requires two spouses to stay away from each other, or orders them not to be in contact. For this reason, if an ex-spouse who has been abused wants to ensure their safety after requesting a divorce, they may also request a temporary or permanent protective order. Iowa law specifically provides for protective orders to prohibit domestic abuse. Protective order proceedings are held separately from divorce proceedings. When granted, protective orders can require spouses to keep a certain physical distance from each other – or refrain from interacting with each other throughout the duration of the divorce process. Unfortunately for some, in order to obtain a protective order, Iowa requires that the abuse rise to the level of actual physical harm or threats of physical harm. Emotional or mental abuse alone is often not sufficient.

Conclusion

One can easily seek court for separation under this ground because domestic violence under our laws can include different kinds of abuse and violence. The threat to harass or hurt also falls under domestic violence. It also includes any act which causes you physical or mental pain. Being abusive could mean physical, sexual, verbal, and emotional as well as economic abuse. It does not need to be an actual action- not doing something can also be a form of domestic violence.