Maintenance and the Protection of Women from Domestic Violence: An

Analysis

3.3 – Family Law-I

Submitted by:

Shivansh Soni

U.I.D - UG2018-97

Semester III

Academic Year 2019-20

Submitted to:

Prof. (Dr) Vijender Kumar (Professor of Law)

Ms. Ashwini Kelkar (Research Associate)

Ms. Debasree Debnath (Research Associate)

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Table of Contents

Introduction ................................................................................................................................ 3

Research Methodology .............................................................................................................. 4

Research Objectives ................................................................................................................... 4

Literature Review....................................................................................................................... 4

Domestic Violence and The Concept of Maintenance .............................................................. 5

Domestic Violence and Law ...................................................................................................... 6

Maintenance under various other statutes .................................................................................. 9

The Criminal Procedure Code- .............................................................................................. 9

Hindu Marriage Act 1955 ...................................................................................................... 9

Hindu Adoptions and Maintenance Act 1956 ...................................................................... 10

Other personal laws.............................................................................................................. 10

Maintenance under Muslim Laws- .................................................................................. 10

Maintenance Under Parsi Marriage and Divorce Act, 1936- .......................................... 11

Maintenance Under Christian Law- ................................................................................. 11

Analysis- .................................................................................................................................. 11

Conclusion- .............................................................................................................................. 12

Bibliography- ........................................................................................................................... 12
Introduction
Domestic violence is regarded as a serious social evil and India is one of the countries
with High incidences of domestic violence. Domestic violence is a problem that affects
millions of people regardless of race, gender, ethnic group, socioeconomic status, sexual
orientation, or age.1 Domestic violence is most commonly used to refer to violence within an
intimate relationship in which one partner uses a pattern of assault and intimidating acts to
assert power and control over the other partner.2 Although these violence, predominantly
comprise victimizing of woman.3 Most woman view domestic violence as a family problem
and chose to keep it quiet. The same attitude is prompt by neighbours and police officers, courts
to dismiss wife-beating as a private affair, even an acceptable way of disciplining one’s
partner.4

In India, there are laws such as Protection of Woman from Domestic Violence Act, 2005,
various amendments made in Criminal Law to govern many acts which tarnish the modesty
and harms their esteem.

The concept of maintenance has subsisted in our society since long as a measure to protect the
interests of a divorced women and also providing her with some basic economic measures to
sustain a dignified life. Maintenance as a specific term has been explained in the Section 3(b)5
of the Hindu Adoptions and Maintenance Act, 1956.The question of maintenance is still the
most doubted because there had been some substantial judgments made on whether the wife
should be given maintenance under the Domestic Violence Act, 2005. As it is the most
important part against the claim of domestic violence for the wife. The term maintenance has

1
April Paredes, Donalene Roberts, Taylor Stuart, DOMESTIC VIOLENCE, (2018). 19 Geo. J. Gender & L. 266.
2
Lauren Ruvo, DOMESTIC VIOLENCE (2009). 10 Geo. J. Gender & L. 371.
3
Caitlin Valiulis, DOMESTIC VIOLENCE (2014). 15 Geo. J. Gender & L. 124.
4
NATIONAL COLIATION AGAINST DOMESTIC VIOLENCE. Available from: www.ncadv.org [Accessed
on August 6 2019].
5
Section 3(b) of The Hindu Adoptions and Maintenance Act, 1956 states that, “maintenance includes-
(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;
(ii) in the case of an unmarried daughter also the reasonable expenses of an incident to her marriage.”
been discussed in the Domestic Violence Act, 2005 as the term “Monetary Relief” in the
Section 2(k)6 and further the specific in Section 20(1)(d)7.

Research Methodology
The research design is for dealing with the Maintenance under the Domestic Violence Act,
2005. As the matter of fact, all the data which is been used for this research is based on various
articles, research paper and other web-sources, hence the source of data used in the research is
secondary in nature. Researcher has applied the doctrinal method of research.

To analysis the source of data i.e. articles and various research papers, further studied those
views and presented by myself. The research paper has been written, keeping in mind the
authenticity of the Articles and the research paper referred, & reviewed the source in an
organized manner.

Research Objectives
The objectives of the research are-

 To analyse the ambit of Maintenance under The Protection of Women Under Domestic
Violence Act, 2005.
 To understand the concepts of Maintenance under various statutes and Acts
 To study, the Socio-Legal aspects of Domestic Violence Act.
 To learn the understanding the concept through various relevant case laws.

Literature Review
Primarily the articles have been used as literature to study the concept of Maintenance under
The Domestic Violence Act, 2005. The articles provide with in depth understanding of the
subject matter. The articles are compiled of several data that are available on the topic. The
language used is good on part of literature and also on part of understanding.

6
Section 2(k) of the Domestic Violence Act, 2005 states, “Monetary Relief” means the compensation which the
Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an
application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the
aggrieved person as a result of the domestic violence.
7
Section 20(1)(d) of the Domestic Violence Act, 2005 states that the maintenance for the aggrieved person as
well as her children, if any, including an order under or in addition to an order of maintenance under section 125
of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
Domestic Violence and The Concept of Maintenance
The concept of Monetary Relief is discussed in the section 20(1)8 of the Protection of
Women from Domestic Violence Act, 2005, Section 249 of The Hindu Marriage Act and
Section 18 Hindu Adoptions and Maintenance Act, 1956. There had been some recent
judgements under these provisions of the act which says that no monetary relief under section
20 of the act could be granted unless the domestic violence is proved. If a woman fails to
establish domestic violence against her by the husband then her children cannot be given
monetarily relief under the Protection of Woman against Domestic Violence, the high court
recently ruled.10

The concept of ‘maintenance’ in India is covered both under Section 125 of the Code of
Criminal Procedure, 1973 and the personal laws. The term ‘maintenance’ under Indian law,
includes a right to food, clothing and shelter, being typically available to the wife, children and
parents. It is a measure of social justice and an outcome of the natural duty of a man to maintain
his wife, children and parents when they are unable to maintain themselves11. A three-Judge
Bench in Vimla (K.) v. Veeraswamy (K.)12, while discussing the basic purpose under Section
125 of the Code, opined that Section 125 of the Code is meant to achieve a social purpose. The
object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of
food, clothing and shelter to the deserted wife.13

There is a misconception that a working woman is not entitled to claim maintenance as she is
earning and is thus able to maintain herself. The Indian courts have recognised the right of
maintenance of a working woman and held that an estranged woman can claim maintenance

8
20. Monetary reliefs.-(1) While disposing of an application under sub-section (1) of section 12, the Magistrate
may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the
aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may
include, but not limited to,- (a) the loss of earnings; (b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved
person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition
to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other
law for the time being in force.
9
Section 24 of the Hindu Marriage Act, 1955- “Maintenance pendente lite and expenses of proceedings”-Where
in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be,
has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may,
on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the
proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may
seem to the Court to be reasonable.
10
https://www.dnaindia.com/mumbai/report-if-domestic-violence-not-established-then-no-maintenance-to-
children-1991737
11
Savitaben Somabhai Bhatiya v State of Gujarat and Others, (2005) 3 SCC 636.
12
(1991) 2 SCC 375.
13
Ibid.
from her husband even if she earns a monthly income, which is not enough for her to maintain
herself. Thus, earning wife is entitled to maintenance under maintenance law for wife in India.

The provisions are hereby so provided so as to protect the women and children. Violence
against woman is a manifestation of historically unequal power relations between men and
woman, which have led to domination over and discrimination against woman by men and to
do prevention of the full advancement of woman.14 There is no such universally accepted
definition of violence against woman. Some human rights activist preferred the broad
definition, includes; structural violence such as ‘poverty’ and unequal access to health and
education.15 In the case of Savita Bhanot v. Lt.co. V.D Bhanot16 case filed under Domestic
Violence Act, was maintainable even if the Act of Domestic Violence have been committed
prior to the coming into force of the Act.

Any act of gender-based violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life.17And so as a result of it
are required the provisions of protection of women against the Domestic Violence Act,
2005Violence against woman is present in every country, cutting cross boundaries of culture,
caste, education, income, ethnicity and age.18Domestic violence happens in rural areas, towns,
cities and in metropolitans as well. Irrespective of social classes, genders, racial aspects and
age groups we find domestic violence happening in Indian households.19

Domestic Violence and Law

Domestic violence in India is endemic.20 Around 70% of woman in India are victims
of domestic violence. 21 Domestic violence was legally addressed in the 1980s when the 1983
Criminal Law Act introduced Section 498A22 “Husband or relative of husband of a woman

14
The United Nations Declaration on the Elimination of Violence against Woman, General Assembly Resolution,
December 1993.
15
Heise L.L, Pitanguy J. and Germaine A., VIOLENCE AGAINST WOMAN: THE HIDDEN HEALTH
BURDEN (1994) 46.
16
Crl.M.C. No.3959/2009 & Crl.M.A.13476/2009.
17
The United Nations Declaration on the Elimination of Violence against Woman. General Assembly Resolution
48/104 of 20 December 1993
18
Caitlin Valiulis, DOMESTIC VIOLENCE (2014) 123. HeinOnline [online].
19
Mehr khan, DOMESTIC VIOLENCE AGAINST WOMEN AND GIRLS (2000) 4.
20
Sumit Ganguly INDIA'S SHAME (14 April 2012). The Diplomat. Retrieved 27 April 2012.
21
Renuka Chowdhury, INDIA TACKLES DOMESTIC VIOLENCE (27 October 2006). BBC News. Retrieved
25 April 2012.
22
Section 498A of Indian Penal Code, 1872 states- Whoever, being the husband or the relative of the husband of
a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine.
subjecting her to cruelty”. The National Crime Records Bureau reveal that a crime against a
woman is committed every three minutes, a woman is raped every 29 minutes, a dowry death
occurs every 77 minutes, and one case of cruelty committed by either the husband or relative
of the husband occurs every nine minutes.23 This occurs despite the fact that women in India
are legally protected from domestic abuse under the Protection of Women from Domestic
Violence Act.24

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of
India enacted to protect women from domestic violence, came to force in 26 October 2006.
This act differs from Section 498A of IPC, as it provides broader definition of Domestic
Violence, Section 325 of the Act define the Domestic Violence. The Act goes on, through the
section Explanation 1, to define physical abuse, sexual abuse, verbal and emotional abuse and
economic abuse.26 In the case of Abdul Rub v. Razia Begum27 under Domestic Violence Act
every relative of the Husband cannot be made as a respondent. Only those persons can be made
respondent, who satisfy the definition of section 3(q) of the Act.

There are various regulations or provisions being made for protection of women against
domestic violence under the statute such as Sec.304B of IPC pertaining to dowry death. A
complaint can also be filed under section 498A of IPC for cruelty which also falls under
domestic violence.28

Explanation. -For the purpose of this section, “cruelty” means-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause
grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the
woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful
demand for any property or valuable security or is on account of failure by her or any person related to her to meet
such demand.
23
Renuka Chowdhury, INDIA TACKLES DOMESTIC VIOLENCE (27 October 2006). BBC News. Retrieved
25 April 2012.
24
Ibid.
25
Section 3 of Protection of Women from Domestic Violence Act, 2005 states- 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.
26
Section 3, Protection of Women from Domestic Violence Act, 2005.
27
(2010) 172 DLT 619
28
Arjit Narendra Srivastava, DOMESTIC VIOLENCE LAWS IN INDIA (2016). Available from:
www.lawfarm.in/blogs/domestic-violence-laws-in-india [Accessed on August 6 2019].
The Criminal Law Amendment 2013, which amended several sections of Indian penal Code,
Criminal Procedure of Code, and the Indian Evidence Act. Sexual assault and rape were
clarified and added on. Penalties for such abuse were made much severe and were increased.
Introduction of New offence that are punishable by law were amended as well.29 These includes
Acid Attacks30, Stalking31, publicly and forcefully disrobing woman.32

From time immemorial women are subject to Violence, but the contemporary situation has
been changed. Introduction of new laws in society, which safeguard the women’s right is been
misused in number of ways. IPC section 498A which lays down Husband or relative of husband
of a woman subjecting her to cruelty.33 In the case of Sou Sandhya Manoj Wankhede v. Manoj
Bhimrao Wankhede34, here the wife was just three months after her marriage she was brutally
beaten up and was hospitalised due to such. Ultimately, she filed a complaint under section
498A of IPC. In the case of Shashi Bala v. State of Uttarakhand, the case was evoked by
applicant stating, that her in-laws and other family members after her husband death had been
subjugated to violence by them. But ultimately it was found out that the case filled was forge
and the Principle of Domestic Violence is not applicable as the Applicant and the Respondent
were not in any domestic relationship and were against the section 2(f) of Domestic violence
Act. Female which recently got to know about their rights are misusing it in many ways, and
hence there have been large number of cases continue to be filed under this section. For the
prevention of misuse of this section Supreme Court had issued new guidelines in the Landmark
case of Rajesh Sharma & v. State of UP.35 In the case Chitrangathan v. Seema36,High Court
of Kerala, ruled that while protecting the rights of a woman, the court has to be careful and
cautions in not violating the rights of the male also under Domestic Violence Act, 2005.

29
Crucial Laws Against Domestic Violence in India: Know Them, Protect Yourself. Available from:
www.naaree.com/domestic-violence-laws-india/ [Accessed on August 6 2019].
30
Section 326A of Indian Penal Code, 1872
31
Section 354D of Indian Penal Code, 1872.
32
Section 509 of Indian Penal Code, 1872.
33
Section 498A of IPC, 1872 states- Whoever, being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years
and shall also be liable to fine.
Explanation-For the purpose of this section, “cruelty” means-
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause
grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her
to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person
related to her to meet such demand.
34
(2011) 3 SCC 650.
35
CRIMINAL APPEAL NO. 1265 OF 2017.
36
1(2008) DMC 365 (Kerala High Court).
Maintenance under various other statutes
 Criminal Procedure Code – Section 125
 The Hindu Marriage Act – Section 24
 The Hindu Adoption and Maintenance Act- Section 18
 As per other Personal Laws

The Criminal Procedure Code-

Maintenance is an essential right of destitute wife, children, and parent as per the law and the
basic object of this law is to protect the wife, children, and parents from vagrancy and
destitution. The Supreme Court in Captain Ramesh Chander Kaushal v. Veena
Kaushal37 stated that, “Section 125 Criminal Procedure Code is a measure of social justice and
is specially enacted to protect women and children and as noted by this Court in falls within
the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India.
It is meant to achieve a social purpose.”
This remedy is provided under criminal procedure because the legislature wanted to speed up
the procedure of getting maintenance instead of the slow procedure of civil suit. Hence, a
starving wife may get alimony faster under section 125 than section 24 of the Hindu Marriage
Act.
The Supreme Court in the case of Bhuwan Mohan Singh v. Meena38 observed that: “Be it in
germinated that Section 125 of the Code of Criminal Procedure was conceived to ameliorate
the agony, anguish, financial suffering of a woman who left her matrimonial home for the
reasons provided in the provision so that some suitable arrangements can be made by the Court,
and she can sustain herself and also her children if they are with her.”

Hindu Marriage Act 1955

Section 24 and 25 of the Hindu Marriage Act, 1955 deals with the interim alimony and
permanent alimony. The scope of Section 125 of Criminal Procedure Code and Section 24 of
the Hindu Marriage Act are very different. Once an order is passed under this section, no matter
what happens in the petition thereafter, the liability to pay maintenance and expenses of the
litigation in respect of the period during which the proceedings were pending cannot be

37
AIR (1978) SC 1807.
38
2014 Cr.L.J. 3979.
avoided. The subsequent dismissal of the petition does not exonerate the liability already
incurred.39

Hindu Adoptions and Maintenance Act 1956

Section 1840 of this Act deals with the concept of maintenance which is further divided interim
maintenance. The right to claim interim maintenance in a suit is a substantive right under

Section 18 of the act. Since no form is prescribed to enforce the said right the court in
jurisdiction has the power to grant interim maintenance. Then there are many sub
categorisations of the of this section which includes (i)maintenance pendente lite
(ii)maintenance to wife and widows (iii)right of separate residence.

Other personal laws

Maintenance under Muslim Laws-
Maintenance of wife under Muslim law has been provided under the Muslim Women
(Protection of Rights on Divorce) Act, (now amended). The Act states that a divorced Muslim
woman is entitled to maintenance in the following cases:

 During the iddat period, reasonable and fair maintenance has to be paid to the wife.
Mehr agreed at the time of marriage has to be given back.
 When the woman had to maintain herself and her children, maintenance has to be paid
for a period of 2 years. If the child is born after the divorce, then the 2-year period
begins from the child’s date of birth.
 The amount of Mehr or dower agreed at the time of marriage or after the marriage has
to be paid to the wife.
 All property was given to her by her relatives, friends or husband before, at the time or
after

39
Amarjit Kaur v. Harbhajan Singh (2003 (1) AWC 344 SC).
40
18. Maintenance of wife- (1) Subject to the provisions of this section, a Hindu wife, whether married before or
after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.
(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance
(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent
or against her wish, or of wilfully neglecting her; (b) if he has treated her with such cruelty as to cause a reasonable
apprehension in her mind that it will be harmful or injurious to live with her husband; (c) if he is suffering from a
virulent form of leprosy; (d) if he has any other wife living;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine
elsewhere; (f) if he has ceased to be a Hindu by conversion to another religion; (g) if there is any other cause
justifying her living separately.
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste
or ceases to be a Hindu by conversion to another religion.
Definition of maintenance under Muslim law is similar as to the generally accepted definition
of maintenance. If the divorced Muslim woman is unable to maintain herself after the period
of iddat, the Magistrate can order her relatives who will inherit her property, to pay
maintenance to her as deemed fit. When the children or relatives of the woman cannot pay
maintenance to her, the Magistrate can order the State Wakf Board established under the Wakf
Act, 1995 to pay her maintenance.

Maintenance Under Parsi Marriage and Divorce Act, 1936-

Section 40 of this act gives the right to maintenance to a Parsi woman. The court can award a
maximum of one-fifth of husband’s net income as maintenance. The court considers factors
like the husband’s capability to pay, property and other assets owned by the wife and the
personal conduct of the husband and wife. The husband is liable to pay maintenance to the wife
for her lifetime only if she remains unmarried and chaste after the divorce.

Maintenance Under Christian Law-

The Indian Divorce Act, 1869 governs maintenance rights of a Christian wife. Under Section
3741 of the Indian Divorce Act, 1869, she can apply for maintenance in a civil court or High
Court. The husband will be liable to pay maintenance for her lifetime.

Analysis-
On one hand there are many victims of domestic violence throughout the country who are
getting aided by the act and the provisions like Section 20 but on the other hand there is a wide
angle to look at the way the provisions of this act are misused just like in the case of In the case
of Anil v. Mrs. Sunita42, the wife left her husband’s home and resided at her matrimonial home.
In the case, the husband also claimed that he went to bring her wife back, but she refused. The

41
Section 37 of the Indian Divorce Act, 1869 states that, “ Power to order permanent alimony.- The High Court
may, if it think fit, on any decree absolute declaring a marriage to be dissolved, or on any decree of judicial
separation obtained by the wife, and the District Judge may, if he thinks fit, on the confirmation of any decree of
his declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife, order that
the husband shall, to the satisfaction of the Court, secure to the wife such gross sum of money, or such annual
sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of
the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper
instrument to be executed by all necessary parties. Power to order monthly or weekly payments. Power to order
monthly or weekly payments.-- In every such case the Court may make an order on the husband for payment to
the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable:
Provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful
for the Court to discharge or modify the order, or temporarily to suspend the same is to the whole or any part of
the money so ordered to be paid, and again to revive the same order wholly or in part, as to the Court seems fit .”
42
Criminal Revision No.829 of 2014, Available at: https://www.vakilno1.com/legal-news/landmark-judgments-
2017maintenance.html#Wife_living_separately_from_Husband_without_any_reason_cannot_claim_maintenanc
e_under_Section_125_CrPC.
wife in the case had claimed maintenance from her husband of Rs. 5000. The husband in the
case claimed that the wife without any sufficient reason was refusing to stay with him and also
that she was an advocate and capable of earning and still was demanding maintenance.
In view of the aforesaid facts, the Madhya Pradesh High Court denied maintenance to the wife
and observed that in view of the facts of the case, wife lived in her matrimonial home for 7 and
12 days for the first and second time respectively, and it is alleged that she was harassed in
these 12 days. After 12 days she had voluntarily gone with her brother to select a girl for the
marriage of her brother. Thus, it cannot be held that she was forced out of her matrimonial
home.
In Prakash Babulal Dangi v. The State of Maharashtra43, the wife, had originally claimed
maintenance under Section 125 CrPC and same was awarded by the Court. While the case
under Section 125 of CrPC was pending, a case was filed, and interim maintenance was sought
by the wife under Domestic Violence Act, whereby the husband was directed to pay
maintenance of Rs. 8000 and Rs. 5000 to wife and daughter respectively. The Bombay High
Court made reference to Section 36 of Domestic Violence Act, 2015 which states that
maintenance shall be in addition to, and not in derogation of the provisions of any other law
and held that “the amount of maintenance awarded under the Domestic Violence Act cannot
be substituted to the order of maintenance under Section 125 of CrPC.”44

Conclusion-
As per the research made so far in the paper the researcher have come to the conclusion that
the provisions which are there in the various statutes have been beneficial for the women and
all these provisions contained in the Hindu Marriage Act, 1955, The Hindu Adoption and
Maintenance Act, 1956, Protection of Women Against the Domestic Violence Act, 2005. The
research have been limited to the scope of maintenance as per the Domestic Violence Act, 2005
in Section 20(1) and researcher found that there are many loopholes or drawbacks which
provides for the misuse of the Act which are mostly against the men.

43
2016 SCC OnLine Bom 15712.
44
Id.
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SCC Online

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NATIONAL COLIATION AGAINST DOMESTIC VIOLENCE, Available from:

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Crucial Laws Against Domestic Violence in India: Know Them, Protect Yourself. Available
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Caitlin Valiulis, DOMESTIC VIOLENCE (2014) 123. HeinOnline [online].

The United Nations Declaration on the Elimination of Violence against Woman, General
Assembly Resolution, December 1993.

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Renuka Chowdhury, INDIA TACKLES DOMESTIC VIOLENCE (27 October 2006). BBC
News. Retrieved 25 April 2012.

Sumit Ganguly INDIA'S SHAME (14 April 2012). The Diplomat. Retrieved 27 April 2012.

Arjit Narendra Srivastava, DOMESTIC VIOLENCE LAWS IN INDIA (2016).

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