Answer By law4u team
The Protection of Women from Domestic Violence Act (PWDVA), 2005, is designed to safeguard women against domestic abuse irrespective of the nature or number of their marriages. Survivors in second marriages or live-in relationships are equally protected under the law and can seek relief and remedies if subjected to violence or abuse.
Applicability of DV in Second Marriages
PWDVA’s Inclusive Definition of Domestic Relationship
The Act broadly defines a domestic relationship to include relationships between individuals who live together in a shared household, including second spouses, remarried women, and partners in live-in relationships.
Protection for Second Marriage Survivors
Women in second marriages have the same legal right to file complaints, seek protection orders, maintenance, residence orders, and compensation as first-time married women.
No Discrimination Based on Marital History
The law does not discriminate against survivors based on their marital status or past marriages. All women facing domestic violence are entitled to protection.
Live-in Relationships and Unmarried Partnerships
PWDVA also covers women in live-in relationships, ensuring protection even without formal marriage registration.
Legal Remedies Available
- Protection orders restraining the abuser from committing further violence.
- Residence orders ensuring right to live in the shared household or alternative accommodation.
- Monetary relief including maintenance and compensation.
- Custody orders for children of the survivor.
- Counseling and support services.
Consumer/Victim Safety Tips
- Survivors in second marriages should document all abuse incidents thoroughly.
- Approach Protection Officers, police, or NGOs for immediate assistance.
- Use legal aid services to navigate complex family situations.
- Don’t hesitate to assert legal rights irrespective of marital history.
Example
A woman remarried after divorce faces physical and emotional abuse from her second husband.
Steps Taken:
- She files a domestic violence complaint under PWDVA.
- The court issues a protection order against her second husband.
- She receives maintenance and residence orders to secure her safety.
- Counseling and legal support help her rebuild her life.
