Section 3 of Domestic Violence Act, 2005 –
Any act, omission or commission or conduct of the respondent shall amount to domestic violence in certain circumstances, these circumstances include causing physical abuse, sexual abuse, verbal and emotional or economic abuse.
- “physical abuse” includes causing bodily pain, harm or danger to life, limb or health assault, criminal intimidation and criminal force. ;
- “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of women. ;
- “verbal and emotional abuse” includes insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child.
- “Economic abuse” means – a) deprivation of all of financial resources to which the aggrieved person is entitled ; OR b) disposal of assets movable or immovable in which the aggrieved person is entitled ; OR c) prohibition or restriction to continued access to resources or facilitates which the aggrieved person is entitled.
In determining whether any act, omission or commission or conduct of the respondent constitutes “domestic violence”, the overall facts and circumstances of the case shall be a guiding factors.
DOMESTIC RELATIONSHIP means, A relationship between two persons who live or have at any point of time lived together in a shared house hold, when they are related by consanguinity , marriage , or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.