A lot has been said and discussed regarding domestic violence in a matrimonial home. As per the law in any country no spouse is allowed to inflict violence or harm on the other just because they are married. In any law this will cat amount to a criminal offense. The court will always intervene if it sees domestic violence in a home. In case of domestic violence the judge will get two forms filled in. One form is a non molestation order. This order stops the defendant from interfering with the partner. The second form would demand that one party needs to vacate the house and never to return till the court gives its directions.
As per the Family Law act 1996 it provides for protection against violence regarding the occupation of the matrimonial house. There are many sections in this law like section 38 where cohabitants do have the right to occupy the house. Section 37 of the law gives neither of the habitats to occupy the matrimonial home.
Criminal Proceedings in Domestic violence
During the Queen Victoria era it was quite acceptable for a husband to beat up his wife. However this could be done only with a stick that is no thicker than the finger. However times have changed and so have the laws against domestic violence. If a man is found to be beating his wife or children he is liable to be prosecuted. However if the beating is done for correction then it is not considered a crime.
Remedies in Domestic Violence
The Protection from harassment law comes into play in cases of domestic violence. Under this law the person is not allowed to pursue his conduct of harassing his wife or child thus causing alarm or distress. This is an arrest table offence amounting to six months imprisonment. The civil court has to power to award damages. However the criminal court can issue a stop order against any further harassment.
Orders on Occupation
Occupation of a property depends solely on the court’s directive .The applicant is not entitled to the property just because it was handed over to him down the ages. An occupation order enforces the applicant to enter or occupy the house .However he may not be allowed to enter the restricted are made by the respondent for reasons of privacy or self safety. In cases of repeated violence the court can give an order for temporary accommodation which means bed and breakfast.
Occupation orders can be made by a magistrate’s court which is however subject to appeal by the High court. However magistrates have the power to disallow jurisdiction. A violent husband can be excluded from the matrimonial house by an occupation order. It has also been seen that women who escaped domestic violence did not want to return their matrimonial home for fear of being attacked again. In this case the applicant can apply as a homeless person for rehousing. However there are certain parameters that have to be met for an applicant to be entitled to rehousing.