- Posted by: Sanjeev
- 21 Jun, 2019
Proving Domestic Violence By In-Laws in Court
Proving Domestic Violence By In-Laws in Court
Seek Help Of A Professional Private Detective in Delhi NCR
Get Assistance To Furnish Concrete Evidence To Support Your Divorce Case Investigation Court Proceedings
Domestic violence has a long history since civilization came into being. Unfortunately, it seems to be ingrained in the global social system across the world. Whether we accept it or not, however, the fact is 80 per cent of women have been harmed physically or emotionally by either a family member or an outsider in a close relationship. There are laws in place to protect such women that are undergoing mental or physical trauma by their in-laws or a closed loved one. However, most incidents of domestic violence happen indoors. Moreover, not many women can gather courage or crucial evidence to prove this in court. Back in the day's women were submissive and not as educated as they are today. The legal system in India was equally laid back in cushioning women against any form of violence. Women had no particular law that protected them against Domestic Violence from any or abuse they may have been facing.
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However, in 1983, the parliament of India passed a law under section 498A of the Indian Penal Code under the domestic violence act. This was a remarkable judgment in the Indian legal system. For the first time, domestic violence was recognized as a specific criminal offence. This new law gave women protection rights against cruelty by a husband or his family towards a married woman. It further covers harassment of women for dowry along with a specific provision under section 304-B that states dowry death as well.
However, first, let’s understand what Domestic Violence and Abuse is?
Domestic violence is more than just violent behaviour. It is a pattern of controlling behaviour that one exhibits to get power over the other. Physical abuse is a crucial factor. Women are denied food, subjected to marital rape, and beatings if they do not conform to their husbands and in-laws demands.
Emotional or Mental Abuse: Ignoring, mentally, and not talking or understanding the women's point of view, mistreating the women by blackmailing her and treating her or driving her to commit suicidal. Intimidation, a threat with a weapon, isolation, not letting her meet family members or friends, also account for emotional and mental abuse.
Verbal Abuse: Calling names, insulting, constant criticism, blaming, yelling, being argumentative, and discouraging women from going to work. No one has the right to demean you as states in the Indian constitution. However, numerous women suffer at the hands of their husbands and in-laws if they are not able to bring dowry when they get married. In several reported cases, women have shared that they have been sent back home to bring vast amounts of money after regular quarrelling. The key reason for the insult, they say is they husband suffering a loss in his business or perhaps he has lost his job. Women are cursed, verbally abused, and are called a burden on them. Thus women are forced to go home and ask their parents for money to save their marriages.
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Economic Abuse: This is rare and very hard to recognize but does occur quite often, a woman is not given enough money by her partner to maintain herself and her children, which may comprise of managing the household expenses. Not allowing a woman to work and earn on her own and if it's a working woman then not letting her keep her salary or enough money to manage daily expenses. Not giving access to any financial source which the person is entitled too.
Sexual Abuse: It’s a form of physical abuse, where the victim is forced to participate in sexual acts or unwanted safe sex. Many women have reported marital rape, and in other stated cases, husbands address them as sexual objects or nothing and have hurt her with objects during sex. Sex against your consent, whether in a marriage or not, is illegal.
Physical Abuse: This is where force is used against a woman to cause her bodily injury or harm. Abuse like beating, kicking and punching, slapping, throwing objects or weapon, kicking furniture, abandoning in an unknown place, hurting her children are ways for inflicting physical trauma.
If you’re still not able to identify domestic violence in your life, take a step back and try to understand the pattern in your relationship. It is hard to admit that one is in an abusive relationship- but help is available.
Several Private Investigation Agencies offer domestic violence and divorce investigation services across India. However, only a few are genuine and can aid their clients in generating fruitful results. Since it’s inception in 2012, DDS Detective Agency (DDS Management Solutions Pvt Ltd), (registered under the government of India) is a leading private investigation agency for collecting evidence in all personal and corporate investigations in India. The agency has experienced and a trained team of Private Detectives. They follow a strategic investigation process to aid you with and necessary evidence, that can help your case in court. They have a record of successfully managing and collecting audio, video and photo evidence, in numerous child custody cases, for clients across all major states India.
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At DDS Detective Agency, we have highly-trained and skilled Private Detective Agency in Delhi, working round the clock for clients in distress. They are experienced and follow a strategic process to collect various types of photo, audio, video, and documental evidence. When this evidence is furnished in court in the form of an investigation report, it will support your court case proceeding immensely. The evidence- will tell your story.
What Type of Evidence is Valid in The Indian Penal Code
- Documentary Evidence: Any formal report or letter from a doctor or therapist who attests to your mental or physical state. Letter from an organization that supports that you're a survivor of domestic abuse.
- Physical Evidence: Any form of weapon that was used to threat or intimidate, ripped clothes, destroyed documents, photographs, emails, video file, or audio file.
- Testimonial Evidence: An eye witness who is under oath in court can support your case. In a mental trauma case, testimonial evidence can be submitted in writing so one need not have to confront the abuser.
For a woman to collect this evidence without raising any suspicion, we have a few general safety cautions.
- Save the documents online or scan copy in email. If you have to save it offline, then make several copies in different places or give one copy to someone you trust.
- Record videos secretly with high-tech devices such as pen cams, button cams which are readily available online, frequently erase your browsing or chats history from phone & computer, change your email or phone passcodes. While collecting evidence of any kind makes sure you have a backup excuse for your questions or actions.
DDS Detective Agency is the top Best Private Investigator in Delhi. The private detectives at the agency have successfully helped several women in recording following information which proved to be pertinent in the success of their court case. If you are unsure about the legal aspect of collecting all these evidence, take the advice when needed and approach the police, an NGO or a trusted individual to help decide your next step.
Acceptance of domestic violence in itself is a big step, and deciding to do something about it is even more significant.
