by Police - Bureau of Police Research and Development

The Indian Police Journal• Madhusudan Bhardwaj v. Mamta Bhardwaj 34 Act, the Court considers that in domestic violence, it is not alwaysa woman who is a victim or sufferer party. There may be caseswhere the male partner may be harassed. The Court are requiredto be vigilant enough in deciding the question and the dispute asto which part of the family is a victim of the domestic violence.The application of the wife cannot be allowed without providingopportunity of leading evidence.Conclusion and SuggestionsDomestic Violence Act is certainly a step forward to ensure women’ssafety at home. However, the doubt is about its effective implementation.A comprehensive law dealing with Domestic Violence was due for along period of time. 35 The Legislature intends to provide protectionand assistance to the women facing Domestic Violence in their homes.However, it appears that the framers of the Act completely lost theirway and ended with drafting a more Penal Law dealing with offendersrather than dealing with social problems of the society. 36 There aresome suggestions for proper implementation of the Act:•• Domestic relationship in the Act includes every relationshipwhich also involve immoral relationships, which itself is againstthe society and moral values of our Nation. So, there should provisions of the Act concerned.• The Act is enacted to provide civil remedy to the victim concernedand itself make the violation of the provision of the Act as anoffence. Thus, the resolve of the Parliament must be to make itpurely a Civil Law.342009(4) Cr. Court Cases 527 (M.P.).35 Criminal Law Journal, April 2009.36 Criminal Law Journal, September 2008.January - March, 2013159