For the purpose of this Act, any act, omission or omission or conduct of the respondent shall constitute domestic violence’s in case it-:
a) harms of injuries 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, injuries 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 any 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 injuries or cause harm, whether physical or mental, to the aggrieved person.
For the purpose of this Section,-
(I) ” physical abuse ” means any act or conduct which is of such a nature as to casual bodily pain, harm. or danger, to life, limb, or health or impair the health or development of the aggrieved person and includes sexual assault, criminal intimidation, and criminal force ;
(II) ” sexual abuse ” includes any conduct of sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of a woman;
(III) ” verbal and emotional abuse ” includes-
a) insults, ridicule, humiliations, name-calling, and insults or ridicule specially with regard to not having a child or male child; and
b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested
(IV).” economical 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 children, if any, stridhan , property, jointly or separately owned by the aggrieved person, payment of rental related to the shard household and maintenance;
b) disposal, of house, hold effects any alienation of assets whether moveable or immovable valuables, shares, securities, bond and the like or the 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 with the aggrieved person is entitled to use or enjoy by virtue of domestic relationship-building access to the shared household.
For the purpose of determining whether any act, omission, commission, or conduct of the respondent constitutes ”domestic violence ” under this section, the overall fact and circumstances of the case shall be taken into consideration
Domestic relationship- Requirement of immediate residence is not necessary -No specification in Section 3 that the applicants had been conducted only at the time when the complaint was reading in the home of her husband or partner.
Domestic Violence -Continuing offense – Acts of Violence’s continuing before the commencement of the Act and after commencement -Assault by husband and not providing medical treatment after getting legal notice -Threating my husband over the telephone with dire consequence and also denial in taking back wife and her daughter and not providing maintenance -Domestic Violence not only include the mental harassments through verbal or emotional abuse also includes the economic abuse -Action was continuing once, hence application under the Act Maintenance in Law.