Some[who?] have criticized the law as having too little force, serving chiefly as a civil, rather than criminal, law—requiring a further offense by the accused respondent (such as violating a Protection Order issued under this law) before triggering criminal law sanctions against the respondent (such as arrest and imprisonment). However, groups involved in drafting the law believed this would provide more rapid and flexible relief for the victim.
Men’s organizations such as the Save Indian Family Foundation have opposed the law, arguing that it might be misused by women during disputes.
Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that “an equal gender law would be ideal. But there is simply too much physical evidence to prove that it is mainly the woman who suffers at the hands of man”.
Former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal abuse in the act.
According to the then President of India, Pratibha Devisingh Patil, “Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation.”
Questions arises when there is a property jointly owned, in matrimonial dispute were Wife had filed Application u/s 12 of Domestic Violence Act,2005 and sought protection u/s 18 of the Act the Property acquired jointly by Husband and Wife, Wife Prayed to restrain husband from enjoyment of flat, Husband filed application of interim relief of accommodation rejected and limited relief was granted to him from alienating.
Problems In Matrimonial Disputes:-
In matrimonial disputes, what are the real problems that confront a divorcing couple? Begin with the definition of divorce. Black’s Law Dictionary defines divorce as “the legal separation of man and wife.” The New Britannica – Webster Dictionary defines divorce as “a complete legal dissolution of a marriage.” Interestingly, however, marriage has a much broader definition. Britannica – Webster defines marriage as “the institution whereby a man and a woman are joined in a special social and legal relationship for the purpose of making a home and raising a family.”
Thus, it is interesting to see that marriage is viewed as a legal and social union of two people; however, divorce is merely viewed as the legal termination of said marriage. These definitions in and of themselves highlight one of the basic problems that occur when a couple chooses to divorce. Namely, although the legal system is equipped to deal with the legal problems that the couple faces when divorcing, it does not address nor is it equipped to deal with the social and emotional issues that confront the couple.
Once the emotional or social issues are dealt with, it makes the resolution of the legal issues that much easier. Taking it a step further, what most people really are arguing about is not legal or financial issues, but rather arguments fueled by their desire to get some form of revenge for a perceived wrong by the other spouse.
Once each of the participants is helped and supported to resolve the emotional and social issues, however, they are in a much better position to deal effectively with the legal and financial issues.