Which one of the following statements is not true with reference to the Protection of Women from Domestic Violence Act 2005?

Difficulty: Medium

Correct Answer: Relief may be sought only against the husband or a male live in partner with whom the woman has lived in a domestic relationship.

Explanation:


Introduction / Context:
The Protection of Women from Domestic Violence Act 2005 is a key piece of Indian legislation that provides civil remedies to women facing domestic violence in a shared household. It includes provisions for protection orders, residence orders, monetary relief, and other support. For examination purposes, questions often focus on who can seek relief, who can be proceeded against, and whether the law is limited to married women or extends beyond formal marriage. This question asks candidates to identify which statement does not accurately describe the scope of the Act.


Given Data / Assumptions:

  • The question provides four statements about the Domestic Violence Act.
  • They cover the civil nature of the remedies, who can complain, who can be respondents, and the breadth of relationships covered.
  • We must pick the statement that is not true in light of the Act and judicial interpretation.
  • Understanding of terms like aggrieved person, domestic relationship, and respondent is required.


Concept / Approach:
The Act defines an aggrieved person as a woman who is, or has been, in a domestic relationship with the respondent and who alleges that she has been subjected to domestic violence. It primarily provides civil reliefs, such as protection orders and residence rights, though breach of these orders can give rise to criminal consequences. Respondents can include not only husbands and male partners but also relatives living in the shared household, and courts have interpreted the law broadly in light of its protective purpose. Therefore, any statement that restricts relief exclusively to husbands or male live in partners is inconsistent with the Act.


Step-by-Step Solution:
Step 1: Examine the first statement that the Act provides mainly civil remedies. This is consistent with the structure of the law, which focuses on protection, residence, and maintenance rather than punishment alone. Step 2: Examine the second statement that only women who allege domestic violence can file a complaint. While complaints can be filed by the woman herself or by others on her behalf, the focus of the Act is clearly on women as aggrieved persons, so the spirit of the statement is broadly correct for examination level. Step 3: Examine the third statement that relief may be sought only against the husband or a male live in partner. This is too narrow because the Act allows action against other relatives in the domestic relationship as respondents. Step 4: Examine the fourth statement that the Act covers not only wives but also women in relationships in the nature of marriage and certain female relatives, which aligns with the definition of domestic relationship and shared household. Step 5: Identify that the third statement wrongly restricts the scope of potential respondents. Step 6: Mark this third statement as the one that is not true.


Verification / Alternative check:
A verification method is to recall the definitions given in the Act. Domestic relationship includes relationships by blood, marriage, or adoption, and relationships in the nature of marriage. The term respondent is not limited to male partners; it can cover other relatives depending on the factual situation, although there has been debate on whether female relatives can be respondents. Courts have tended to interpret the law in a purposive manner to broaden protection. Therefore, it is clear that the Act is not confined to only husbands or male live in partners as respondents.


Why Other Options Are Wrong:
The statement that the Act provides mainly civil remedies is correct, as the law is designed to offer immediate protection and support rather than focusing solely on criminal sanctions. The statement about women being the aggrieved persons reflects the gender specific focus of the Act. The statement that the Act covers women in marriage like relationships and female relatives recognises that protection is not limited to legally wedded wives. Since these three statements accord with the structure and purpose of the law, they cannot be the incorrect one.


Common Pitfalls:
A common misunderstanding is to assume that domestic violence law applies only to formal marriages and only against husbands, ignoring the wider concept of domestic relationship and shared household. Another pitfall is to treat the Act as purely criminal legislation, overlooking its emphasis on civil reliefs. Students should be careful to differentiate between who can be an aggrieved person and who can be a respondent, and to recognise that the law was drafted broadly to address various forms of domestic abuse.


Final Answer:
The statement that is not true is that relief may be sought only against the husband or a male live in partner, because the Act allows proceedings against other respondents within the domestic relationship framework as well.

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