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Is this domestic violence? |
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In India the only recognition for the existence of domestic violence is a provision of cruelty under Section 498A of the Indian Penal Code. Apart from this, a more liberal reading of what could mean physical and mental cruelty to the woman can form grounds of divorce and not as a criminal offence. The advantage of recognition of domestic violence as a criminal offence would be that the woman gets protection from husband, and provisions for her maintenance while he is in jail, or told to not communicate with his wife by court. However right now the law doesn't provide for maintenance and the only protection is that the offence is cognizable and non-bailable, which means that investigation by police can start as soon as the woman complains and until the Magistrate states that the man can pay bail and be released from the custody of the police, the man remains in their custody. |
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