Originally posted by: Deltablues
Firstly, I cannot believe people striving so hard to find loopholes in a clear cut instance of domestic violence.
Manjari asking her to be removed from her marital home even before she signed anything is an instance of domestic violence. She, as per Hindu Marriage Act, had property rights in the Birla Household; she cannot be asked to get out of there. I don't remember Raja beta protecting his wife from his mother's abuse. He, in fact, enabled it.
Like a man cannot be forced to be in an unwanted marriage, a woman cannot be unduly forced to sign divorce papers. The divorce becomes contested when one party wants it and the other party doesn't.
By your own statement :
He said he wanted her to sign divorce papers and leave.
Where is the room for her free will and consent here lol?
If Akshara had refused would "iski shakal nahi dekhni mujhe, iski vajah se saari mautein huyi hain, isse kaho yahan se jaane ke liye" wali good sasu and her raja beta let her live in peace?
Btw, accusing a spouse/DIL of baseless murder, showing agression and threatening them with economic retribution (like kicking someone out of a home) falls under DV act of 2005.
These are the literal defintions and clauses
- harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
- harasses, harms, injures or endangers the aggrieved person to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
- has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
- otherwise injures or causes harm, whether physical or mental, to the aggrieved person."
Just because people don't file cases against their family members doesn't mean domestic violence ceases to exist.
I agree that 4th point can be used if it is used as a case for domestic violence as defined here. But I would still wait for Abhimanyu’s POV regarding that day - what was his mental and emotional state to decide how I feel about this in regards to him.
1