The appellant in the present case had been subjected to physical, verbal and emotional abuse

by the respondent. The respondent herein has ill-treated his wife, has inflicted several
injuruies and also has raised questions over her character by alleging that she has an extra
marital affair with someone. Respondent has also emotionally abused appellant by keeping
her away from Bhavya . Domestic violence in wider sense means the use of force upon any
member of the family by another member and does includes all type of physical and mental
cruelties domestic violence is more than a crime and is serious violation of human rights.
Rightly remind that domestic violence is pernicious because it is directed against the women
who are supposed to carry the generations forward and goes against all the canons of
civilized behaviour. It is inside us because it takes place within the closed walls of the home
which is supposed to be the safest sanctuary for its occupants. Hence the course should
impose a high penalty on the individuals who cause such a menace. Hence, this conduct of
the respondent amounts to domestic violence.

2.1 Physical abuse as provided in section 3 of the PWDVA, 2005. In order to constitute
physical abuse the conduct must either cause body pain or harm endangered life limb or
health or impair the person's health or development.

a) cause body harm or pain : under the under the penal law , whoever causes bodily pain,
disease or infirmity to any person is said to cause hurt . The applicant had been subjected to
several injuries when she returned to India by her husband and mother in law.

b) Endanger life, limb, or health : the constitution of India provides right to life which
includes the right to health. The respondent continued to commit his acts of ill-treatment
even when the appellate returned home after pandemic to stay with her daughter.

C) impair the aggrieved person's health or development: the right to life includes living with
human dignity and the right to a healthy environment. Respondent in the present case has
deprived the appellant of stable life, mental peace, and her right to use the shared household.

2.2 EMOTIONAL ABUSE The respondent has caused an amount of mental torture and
emotional abuse to the respondent within the ambit of section 3 of the PWDVA.

2.1The Respondent alleged that Monika was not mothering her only minor daughter
Bhavya who is of 4 years age. The bond between a mother and child is the strongest. The
love and affection between a mother has with her child is irreplaceable. While both the
husband and wife were working it is the duty of both to look after the child and contribute to
the child's wellbeing and upbringing. But Respondent instead of taking good care of Bhavya
started blaming Monika for every minute thing. The respondent started making fake
allegations about Monika that she is less interested in Bhavya and also called his mother to
stay with them in the US. Monika was a working woman and with the malicious intent of
stopping her from working, the respondent overburdened her with all the responsibilities and
also started questioning her character. The respondent, husband along with his mother
depicted their orthodox mentality by pointing out Monika for not looking after Bhavya even
though she was working and was balancing both her work and household properly.

2.2) That she had an extramarital affair with someone. Monika was a working woman,
she interacted with many people during that time. She never had any love affair with anyone.
Respondent and his mother's allegation to Monika of having such an affair is baseless. These
allegations work put only to pressurize her to quit her job and be home stuck. Her mother-in-
law also took away Bhavya with her to Ratlam so that Monika come back to India leaving her
job. Mere suspicion can't be the basis of ill-treatment.

2.3) deprivation of all economic and financial resources The legislature has simply
signalled its understanding that economic abuse is visited upon the women in many forms
and that regardless of the form such abuse is not to be tolerated at all. Explanation one of
section 3 of PWDVA, 2005 constitutes on exhaustible list of types of economic abuse that
constitute domestic violence. The heart of the matter is delial of basic entitlements and
necessities like- 1) failing or refusing to provide money for maintaining the women are
children 2) not providing food, clothes, medicines or other necessity for the woman of the
children, 3) expelling the women from the household 4) forbid in the use of clothes or general
household articles.

Economic abuse refusal to provide maintenance house accommodation or financial resource

or such as the facilities as the applicant is entitle to from the husband without their big any
physical violence about to domestic violence. From facts of the case it is clear that Monika
couldn't live in her marital household with her daughter Bhavya as the respondent and his
mother ill-treated her, inflicted injures, and made fake allegations, which has driver her from
matrimonial house after a few days of her stay after coming back from the US.

Henceforth, it is vehemently contended that a respondent has committed an act of domestic

violence by depriving or prohibited the appellant of continued Axis to shared household wish
she is entitled to use or enjoy by the virtual of their domestic relationship.

Domestic violence against women in India

Female foeticide, domestic violence, sexual harassment and other forms of gender violence
positive the reality of most girls and women’s living in India. The primary object of the
legislature was doing actor law keeping in view the rights guaranteed under article 14, 15, 21
of the constitution of India to provide for the remedy under the civil law which is entered to
protect the women from being the victims of domestic violence and to prevent the occurrence
of domestic violence in the society.

According to the national family health survey nearly 2 in 5, 37% women have experienced
some form of physical or sexually by the husband. Overall one third of the women age 15 to
49 has experienced physical violence and above 1 in 10 has experience sexual violence.
There is a phenomena rise in crimes against women and the protection granted to the women
under the constitution of India and other laws only beating full of those who are interested but
doing justice are sensitized towards women's problem.

The petitioner is entitled to the multifarious relief under the provisions of Protection of
Women from Domestic Violence Act 2005

The agreed person has been subjected to domestic violence by her husband and has
economically deprived of her right of maintenance, therefore entitled to different relief under
the benevolent legislation of pwdva 2005. The appellant has therefore the right of protection
orders under section 18, and compensation orders under section 22 of the act.

4.1 Protection orders

Protection order as under the act under section 18 states:

Main after giving the aggrieved person and the respondent and opportunity of being heard
and on being prime satisfaction that domestic violence has been taken place or is lightly to
take place pass a protection order in favour of the agreed person and prohibit the respondent
from-"

Section 18 states that when the court is satisfy prime of AC domestic violence has been taken
place or is likely to take place a protection order maybe fast which means that the magistrate
May will pass the protection order only when he feels that domestic violence is take can place
or is likely to take place. It must be brought to the notice of the honourable court that after
returning from US to Ratlam she has been continuously been subjected to ill treatment by the
respondent and his mother. As dated in the facts that soon after the return the appellant was
subjected to several injuries and fake allegations regarding the love affair. The supreme court
in VD bhanot versus Savita Bhanot court held that prior conduct of the parties has to be
taken into consideration while passing an order under section 18 19 or 20 of the act. When
the appellant and respondent were in US even then the respondent kept on blaming the
appellant for not taken good care of Bhavya, which is not true to any extent and this repeated
act of allegations caused mental agony to appellant. Mother in law also took away Bhavya
with her to Ratlam. Hen sports she is entitled to security and protection orders in her favour
so that no further acts of violence takes place and she is protected from the same.

4.2 Compensation orders

The act empowers the magistrate to pass the compensation order under section 22 in favour
of the agreed person for the damages sustained as the result of any injury including mental
torture and emotional distress caused by the act of domestic violence committed by the
respondent.
The appellant has faced an immense amount of mental torture as she has been living alone
without her daughter. She has not let a normal life which a girl expects to have after her
marriage and have face the lot of hardship. She has not enjoyed the fruits of a peaceful
married life and for subjected to devilish and in human attitude of her husband and mother in
law. She has lived without her daughter for more than a new and has molded her life and
order to sustain herself.

In Sabana @chand Bai and ans. V. Mohd. Talib Ali the honorable High court of Rajasthan
observed It is pertinent to know that section 22 makes the provision for the grand of
compensation and demit is to our grieved person for injuries including torture and emotional
discharge caused by the act of domestic violence by the respondent. As observed here in
above any physical or sexual abuse may be the cause of torture and emotional test stress and
that apart, the emotional abuse may give rise to recurring cause of action to the agreed person
for the relief specified and their four the actual act of domestic violence has been committed
before or after the coming into force of this act and subsisting domestic relationship between
the parties, are hardly of any relevance so far as grand of the relief are specified under section
22 of the act is concerned"The court must take a note that it was the respondent loafer duty to
look after Bhavya , despite of doing that he started putting fake allegations on Monika
regarding extra marital affair and allegations that Monika is not mothering Bhavya.