Criminal Law

Ans:  Section 125(4) and Section 125(5) of Cr.P.C mentions about rejection or cancellation of maintenance by court.  According to section 125(4) of Cr.P.C, no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. As per section 125(5) of Cr.P.C, on proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Ans: According to section 125(1) of Cr.P.C, if any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: provided that the Magistrate may order the father of a minor female child referred to in clause...

Ans: 498(a) of IPC is a Criminal in nature        This section was added in IPC by the Parliament of India in 1983.         The complaint  to be filed by married woman only· Section 498(a) of Indian Penal Code is a particular category of domestic Violence. Protection of domestic violence act is quasi Criminal in nature. The Protection of Women from Domestic Violence Act 2005 and this act came into force on 26th October 2006.  The complaint to be filed by a women against any male or female with whom the women is in Domestic Violence.  This law doesn’t not protects any women from violence with their husband, but also from the people with whom they are in a domestic relationship.

Ans: According to section 22 of protection of women from domesic violence act,  2005, i n addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

Ans: Under Section 498 of IPC , enticing or taking away or detaining with criminal intent a married woman is an offence and the punishment is upto two years or fine or both.  Section 498A of IPC mentions about Husband or relative of Husband of a woman subjecting her to cruelty.

Ans: Domestic violence comprises of physical abuse , sexual abuse, verbal and emotional abuse as well as economic abuse. Domestic violence is defined under section 3 of of protection of women from domesic violence act , 2005 . 

Ans: A woman can be arrested without warrant in case of cognizable offence .

Ans: An arrest is an act of taking a person into custody. It is the apprehension of a person by legal authority resulting in deprivation of her liberty. Types of Arrest: There are two types of Arrest: 1. Arrest is made in pursuance with a warrant issued by Magistrate ( Section 70 to section 81 Cr.P.C) 2. Arrest is made without any warrant but within the established legal provisions (Section 41 to Section 44 CrPC).