Domestic violence Domestic violence

My birth place is Mumbai.I got married on 30 April 2012 in Gwalior. After marriage I went to my sasuraal only twice for 7 days and 10 days till June 2012 and then there was no call by my in-laws joint family..my husband came in Mumbai 4 times in the year 2012 for 1week period and when my parents was asking to take me with him he said until his father will ask he cannot....My father gave me 15 lacs in marriage all electronics product steel ,silver vessels gold bangles chain and earings and lots more He spended around 36lacs in marriage..One day my father in law called my father to give 20 lacs for clearing my husband taxation exam..he said he was having reference so my husband cleared written exam now only oral is pending but my father said he don't have this much money to give after listening he started using abuse words to my father..One uncle who was in between this marriage my father called him and asked him to say my father in law to call me to sasuraal..as nobody responded my father called my in law there was lots af abused words used by inlaw for which I have recording proof where he is saying ausi kisi gareeb k b shaadi nhi hoti ek stool b nhi diya tumne shaadi mein..Then in April 2013 my husband came and u ce to gwalior then in the month of May I came to know I was pregnant as I said this torture of beating and all started by my husband where I came to know he was having affair from last 5 years...I started getting call from that girl stating k my husband married only bcaz of his dad...my husband used to beat me at the time of pregnancy one day my younger and elder brother in law started abused words for me as I asked family help and discussed that girl matter then I called my parents stating all this incident my mother and father came in Gwalior my father in law requested and said everything will be fine and he asked me to take to Mumbai for some days then at the time of delivery he will call me back.I came to Mumbai on 25 June 2013...There was no call from anyone and I delivered baby girl on 16 Jan 2014 in the morning..my husband and my grand mother in law came with empty hand hardly carrying 600 rs stayed in Mumbai for 21 days and trains charge was given by my parents ..again my parent asked to take me back with him but he denied as there was no father permission...my parents unable to understand and due to daughter house they were quite..I was also so tensed depressed in a fear that my relation should not break so we all kept quite.In April 2014 I went to gwalio r with my father.As my husband was not earning single penny and my daughter was small I asked for lotions and some winter clothes for my baby and my self...my father in law drunked used lots of abuse words in 25-10-2014 late night 2:00am stating k tu apne maayke khabar karde k tu marne waali hai..tujhe mein latka dungaa maar dunga paani k tarah paise phenk dunga pehle b latka yaa tha koi humaaraa kuch nhi ukhaad sakte....I was so feared worried my husband was standing next to me he didn't said a single word ...I was unable to understand wat is happening only crying holding my 9 months daughter who was literally crying..each and every member of family was standing but no single word all was saying to me I should ask for anything only from my parents...my parents with some of my relatives from Mumbai came and had word with my in law he gave shoe to my father and asked to beat on his head...Then my parent said leave it...Afterwards my elder brother in law started abused word in the month of March 2015 k ijjat bigaad dunga muuh dikhaane laayak nhi chodunga with out any reason as I was not feeling well and that day I haven't cooked he came to beat me...his wife was saying me k idhar rehnaa hai to roz khaane kaa kaam kar bartan kar...11 saal se tere pati ko khillayaa hai...my husband was in office when I called him he came not spoke single word ..I called my brother who was in Dubai then he called my elder brother stating what was the matter why abuse words he said teri behen to chudd gayi maa ko lekar aa jaa...My brother from Mumbai raised a mail to SP/ women commission in March 2015..my parents came and my in-laws and elder brother in law used abuse words again I went to Gwalior police station to put application on April 2015 about all matter but police took application and no fir raised till date...I again came back to Mumbai in April 2015...After 6 months my husband came back to take me I went to Gwalior with my daughter. my younger brother in law got married in December 2015 and her wife was staying with him in Indore as he is working as police posted in Indore...In the year 2016 my devrani came from Indore and started saying k badi bhabhi k bache bhaiyya k nhi hai daddy k hai aur chotti bhabhi k saath daddy aur bade bhaiyya rape karne k koshish karte hai aise use kisi rishtedaar ne bataayaa... whenever she came to Gwalior and I used to work in kitchen I have seen her with my husband in a room..for which we had argument..and also I raised my voice for as she said k rape karne k koshish karte hai....in the month of October 2016 devrani came to Gwalior and all family members planned and put oil on steps and raised an fir against me and my husband that I spread oil to kill her and I was demand ind dowry of 10 lakhs and all her jewellery and when she said all this incident to my husband he also supported me...for which I appealed for quash in a high court ... Highcourt quashed my case on August 2017...I trusted my husband and thought he is with me but after case quashed he stopped coming to Mumbai and now from Nov 2016 till date I am at my parents house hoping 1 day he will change for the sake of my daughter..Now sir u have lost all my hope really worried for my 2 daughters one is 6 years old and other is 2 years old as I gave birth to 2nd daughter my husband messaged my father divorce le aur paise phek dungaa.After quash I have not even applied for defamation as my case got quashed in August 2016 is there any possibility for defamation and please help with all possibilities action that can be taken for the sake of my daughter's ...after me what will happen for my daughter's ...heis going to do a second marriage as I am having 2 daughters...and he is also saying that he will not give a single penny to my daughter...my husband even not came to see my second daughter...I was working in future group but from August 2018 I am jobless and I have joined company with permission of my husband as he said me he will also come to Mumbai

Kishan Dutt Kalaskar Retired Judge

Responded 2 years ago

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A.Dear Madam,
You must empower yourself to fight by reading the following.
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Please give me Rank 5 if you feel my answers also helped you
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How do I know my husband is subjecting me to domestic abuse/violence?
If your husband is physically beating you, or denying you access to food or money, or is forcing you to engage in sexual activities that you do not want to perform (including sex and something like forcing you to watch pornography) or mentally and emotionally harasses you about not being able to have a male child or any such other behaviour, it is domestic violence. Please look at the definitions section here for further understanding. Further, please look at this Form IV.
When can a complaint be filed for domestic violence?
One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.
Where and how can I find a Protection Officer for domestic violence?
A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here. You can find a list of names of all Protection Officers State wise from this website.
I have a problem with the Protection Officer. What can I do?
You can file a complaint with the Magistrate in case you have a problem with your Protection Officer.
Will an FIR be filed?
No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed from when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.
What if the police officer refuses to lodge my complaint?
In such a situation, you can directly approach Magistrate’s court with a ‘private complaint’ wherein you can request the court to get your FIR registered by the police. You can even file a complaint yourself and attach it along with your application.
Do I have to pay a fee to the Protection Officer or Service Provider?
No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.
I was assigned to a shelter home, but my husband and his family still harass me there. What can I do?
A shelter home is supposed to be a safe space for you. Ideally as per the law, if you wish to maintain your anonymity while being at the shelter home the shelter home should allow you to do so.
Are minors protected from domestic violence?
Yes, minors are protected under this Act. A minor is any person below the age of eighteen years and includes any adopted, step or foster child.
What is “relationship in the nature of marriage”?
“Relationship in the nature of marriage” should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: - Proof of such a relationship would be the use of a common name, common ration card, same address, etc.
The Counsellor who was appointed to counsel me and my husband knows my husband. Is this fine?
A counsellor should not be related to either you or your husband. However, if you still believe the counsellor knowing you and your husband would be impartial in her job or would be able to do her job well impartially because she knows you’ll then you and your husband can write a waiver of objection allowing her to be the counsellor in your case.
The Counsellor appointed is a man. I am not comfortable. Can I do something about this?
A counsellor is appointed from the list of available counsellors made by the Protection Officer. In the circumstance, that you are not comfortable with the counsellor who is appointed to counsel you and the offender you can apply to the Magistrate for a change in the counsellor.
What if my husband continues to abuse me while counselling is in progress?
You can report the incidence of domestic abuse to the counsellor. The purpose of the counselling process is to get an assurance that the incidence of domestic violence will not get repeated. The counsellor will take adequate measures including approaching the magistrate to prevent further violence.
Does my husband have to be present for the Magistrate to pass an order?
Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders or orders in the absence of the offender if there is an immediate threat of violence. Thus, you have a right to apply to the Magistrate for any relief required by you.
What if my husband does not follow the Protection Order?
If your husband who has been abusing you does not follow the Protection Order then he can be punished. He can be imprisoned for up to a year and/or be fined up to Rs.20,000.
If I leave my house because of domestic violence, will I be able to see my children again?
Yes, you will be able to see your children again. You can ask the Protection Officer to help you file an application for temporary custody for your children. However, the magistrate can only give you a right to keep your children with you temporarily. For you to obtain the right to keep your children with you permanently a case will have to be filed by way of other laws.
If I leave my house because of abuse from my husband, will I be able to access my property such as gifts and jewellery that is in my name?
Yes, you will be to access your property even if you leave your house because of domestic abuse.
Can I file a case against my mother-in-law or my brother?
Yes, you can file a case against your mother-in-law or your brother. As per the law, you protected from any family members who are living together as a joint family or have lived together as a joint family at any point.
Can I protect my identity while living at the shelter home?
Yes, if you do not wish to disclose your identity then the shelter home will not disclose the same and will not communicate it to the offender.
I am in a live-in-relationship and my partner abused me. Can I file a complaint under this Act?
Yes, you can file a complaint if you have been in a live-in-relationship and have not been formally married.
There is no Protection Officer or Service Provider in the region I live, what can I do?
You can either file a case under section 498A of the Indian Penal Code with the police. You also have the option of approaching the Magistrate directly to file a Domestic Incident Report. Further, you can also request the police to file the Domestic Incident Report on your behalf. In the scenario that the police refuses, you have the option of approaching a magistrate to ask the magistrate to direct the police to file a Domestic Incident Report on your behalf.
What evidence will be used to prove domestic violence that is verbal or emotional on the court?
The court will rely primarily on the testimony of the victim of domestic violence. If there are eyewitness accounts then the court will rely on those testimonies as well. However, since domestic abuse happens primarily at home and it is unlikely that there will be many eyewitness accounts in support of the woman, the court will rely primarily on the victim’s account. The case of domestic abuse need not be proved beyond reasonable doubt. That is, the court only needs to believe that the women were subject to abuse after considering all the facts and circumstances.
Can I claim a residence order even if I am not the owner of that house?
Yes, the Act allows a victim to be granted a residence order in the shared accommodation where she is currently residing or has resided with the accused in the past. Even if you are not the owner of that house and are a tenant or if it is the joint family property, you can apply for a residence order.
Are women of all religious faiths protected from Domestic Violence?
Yes, women of all religious faiths can claim reliefs under this Act.


DV CASE PROCEEDURE

Are you a victim of domestic violence and clueless about what to do next? Read this article to get a brief insight of all the legal steps that can be undertaken in such a situation. Domestic violence is the violent act of one spouse on another in order to gain power and control by instilling fear and subservience. Domestic violence includes harms or injuries which endangers health, safety, life, limb, or well being of women. Domestic violence does not just include physical abuse but also mental, sexual, emotional and economic abuse.

In India, more than 55% of the women suffer from domestic violence, especially in the states of U.P., M.P. and other Northern states. According to United Nation Population Fund Report, around two-third of the married Indian women are victims of domestic violence attacks. However, most of the women prefer staying with her husband and tolerating the abuse in the interest of their children. While few others resist from filing the case as they do not want to get involved in long legal proceedings either due to financial disability or because of the fear of undergoing public shame and scrutiny. As a result, most of the cases of domestic violence go unreported.

However, it is very important to raise your voice against this gruesome act of the husband or his relatives rather than quietly enduring it. The offence of domestic violence is covered by both- section 498a of the Indian Penal Code, 1860 and by the Domestic Violence Act, 2005. However, both these provisions treat only the women as the victim and not the man in a relationship. Hence, only woman can seek relief through it. Before we delve into
how you can file a domestic violence case in India, let’s understand what is domestic violence?

What is considered as domestic violence under law?
Domestic violence as defined under section 3 of the Domestic Violence Act, 2005 includes:
Any kind of harm/ injury that is likely to endanger the life, health, limb and well being of the woman whether physical or mental.
Or any harassment with a view to coerce the woman or any person related to her to meet any unlawful demand of property or security (dowry).

Against whom can you file the complaint?
If you are being constantly tortured and ill-treated in your matrimonial home or are undergoing mental trauma due to the acts of your in-laws, you can immediately file a legal complaint against all such people. It is a general misconception that domestic violence is “only” committed by the husband on his wife, which is untrue. A woman can file a complaint against the husband or any of his relative. A woman who is staying in a live-in relationship with a man can also file a case against him if he commits the offence of domestic violence.

Procedure for filing a domestic violence case
The victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate. The basic question that comes in the mind of every person filing a case is that which court should he/her approach? A domestic violence case is heard by the judge of the court within whose local limit either the victim resides or the accused or where the action has been committed.

1. The Magistrate shall upon receiving the complaint, commence the hearing of the case within 3 days of the complaint being filed.
2. The Magistrate shall also give the notice of the date of hearing to the Protection officer who shall issue it to the accused.
3. The court shall as far as possible dispose the case within a period of sixty days from the date of the first hearing.
4.You can even request the Magistrate to conduct the proceeding in camera, i.e. you will not be required to be physically present for the hearing and the proceedings will be conducted via video conferencing.
5. The court after conducting the hearings of the case, if satisfied that a genuine case of domestic violence was filed and the accused has actually committed the offence, can pass any of the following orders as it may consider necessary in the circumstances of the case (you can also request the court to pass any of these orders)-
a. Protection orders: Wherein the court can further restrain the accused to commit the act of domestic violence on you or any of your family members or can even disallow him/her to enter your place of employment or residence. The protection order can be claimed by you as an interim relief, i.e. before the final judgement is passed.
b. Residence orders: The court, if satisfied, that you have no other place to stay or for any other reason, then it can also prevent the accused from dispossessing you from your matrimonial home and can even disallow him to enter that area of the household in which you are residing.
c. Monetary relief: You can even ask the court for monetary relief from the accused in order to incur your medical expenses any other loss that has occurred to you due to the offence being committed.
d. Custody of the child: The court can also grant the temporary custody of the child/children to the person making the application.
e. Compensation orders: In addition to above-mentioned reliefs, the Magistrate may also on an application being made by you, pass an order directing the accused to pay the compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence.

These orders will remain in force until the victim files an application in the court for its revocation.

If the order of the court is not passed in your favour, you can also make an appeal against the order within thirty days from the date on which the order is passed.

You can file a case under section 498a of IPC
Section 498a of the Indian Penal Code, 1860, also deals with the offence of domestic violence that provides for the punishment i.e. an imprisonment of three years or fine or both. Thus, an FIR for an offence under section 498a can be registered in the local police station of your area against the husband/his relative.
You can further consult a lawyer who has professional experience in dealing with the cases of domestic violence.

Lastly, if you do not want your name to be directly involved in the case then you can take this third route i.e. you can approach an NGO, that will file the case in the court on your behalf and fight for your cause. Following are the contact details of few NGOs you can seek help from :

- ALL INDIA WOMEN’S CONFERENCE – 23381165
- JWP JOINT WOMEN’S PROGRAMME – 24314821
- STREEBAL – 26164113
- SHAKTI SHALINI – 24312483
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,

I hope you re doin good. really sorry to know what you are going through. a telephonic discussion may help us more to place right advice.

It is really a very big-time that you have married and remained at your parent's home. Further in your descriptions, you have not explained about the maintenance part, if he is not maintaining or giving expenses, please file a maintenance petition under section 125 of Cr. PC and Restitution of conjugal rights.
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Dear Client, Unke upar jo charges lage honge aapke complaint ke badd issliye jail hua tha. Aur abhi agar aap divorce nahi chahte toh phir aap mediation centre mein kahe ki apko divorce nahi chahiye aur ek marriage women ka legal rights chayiye.
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