Father abuses Mother.
3 years ago
Hello sir/mam,
Since my childhood, I've seen my father always hurling abuses at my mother and my sister. He calls them all the cuss words and abuses my mother by ranting bad stuff about her dead father and her younger brothers. He threatens my mother to throw my mother out of the house, even my grandmother abuses my mother very much. Today he tried to hit her and also threatened to kill her. This has been going on since several years. I just want to take some action. Plesae guide me!
A.Yes, you can take action. Are you all financially well off to support your mother & yourself then it may be time to get separated from father.
1) What & where does Your Father work ?
2) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
3) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
4) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
5) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
6) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
7) Discuss it in detail to us & let you know the best possible way.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
1) What & where does Your Father work ?
2) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
3) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
4) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
5) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
6) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
7) Discuss it in detail to us & let you know the best possible way.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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Sourav Ghosh
Responded 3 years ago
A.Take legal action aganist your father bt you have to keep your mother separate from your father..you may call me for further discussion
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A.Your mother can file Domestic Violence case.
If my answer is helpful to you then please give my FIVE STAR
Dear Madam,
There are several enactments in favor of married women. You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere. You can file Domestic Violence case.
Know about Domestic Violence Act: Law and Judgments
Scope of the Act
For instance, in a recent judgment the High Court of Gujarat in the case of Bhartiben Bipinbhai Tamboli v. State of Gujrat and ors.
Till the year 2005, the remedies available to a victim of domestic violence were limited. The women either had to go to the civil court for a decree of divorce or initiate prosecution in the criminal court for the offence punishable under Section 498A of IPC. In both the proceedings,no emergency relief is available to the victim. Also, the relationships outside the marriage were not recognized.
This set of circumstances ensured that a majority of women preferred to suffer in silence, not out of choice but of compulsion. Having regard to all these facts, the Parliament thought fit to enact Domestic Violence Act. The main Object of the Act is protection of women from violence inflicted by a man or/and a woman. It is a progressive Act, whose sole intention is to protect the women irrespective of the relationship she shares with the accused. The definition of an aggrieved person under the Act is so wide that it taken within its purview even women who are living with their partners in a live in relationship.
Who can file a complaint under the Domestic Violence Act?
Section 2(a) of the Domestic Violence Act defines “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.
The Domestic Violence Act not only covers those women who are or have been in a relationship with the abuser but it also covers those women who have lived together in a shared household and are related by consanguinity, marriage of through a relationship in the nature of marriage or adoption .
Even those women who are sisters, widows, mothers, single women, or living in any other relationship with the abuser are entitled to legal protection under the Domestic Violence Act.
What is shared household?
The Court held that under Section 17(1) of the Act wife is only entitled to claim a right to residence in a shared household, and a ‘shared household’ would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. In the case, the property in question neither belonged to the husband nor was it taken on rent by him nor was it a joint family property of which the husband was a member. It was the exclusive property of mother of husband and not a shared household.
Against whom can the complaint be filed under the Domestic Violence Act?
Section 2(q) of the Domestic Violence Act defines “respondent” as any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:
Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
In view of the definition of the term respondent covering adult male person, the judiciary has time and again been confronted with the argument that an aggrieved person can file complain under the Domestic Violence Act against an adult male person only and not against the female relatives of the husband i.e. mother-in-law, sister-in-law.
However, the Supreme Court in the case of Sandhya Wankhede vs. Manoj Bhimrao Wnakhedeput ot rest the issue by holding that the proviso to Section 2(q) does not exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act. Therefore, complaints are not just maintainable against the adult male person but also the female relative of such adult male
Wife cannot implicate one and all in the family.
In the case of Ashish Dixit vs. State of UP & Anr. the Supreme Court has held that a wife cannot implicate one and all in a Domestic violence case. In this case, the complainant apart from arraying the husband and in-¬laws in the complaint, had also included all and sundry as parties to the case, of which the complainant didn’t even know names.
Types of abuse under the Domestic Violence Act
The same is enumerated below:
Physical Abuse
Physical abuse is the use of physical force against a woman in a way that causes her bodily injury or hurt. Physical assault, criminal intimidation and criminal force are also forms of physical abuse like beating, kicking and punching, throwing objects, damaging property, punched walls, kicked doors, abandoning her in a dangerous or unfamiliar place, using a weapon to threaten or hurt her, forcing her to leave the matrimonial home, hurting her children, using physical force in sexual situations.
Sexual Abuse
This is also a form of physical abuse. Any situation in which a woman is forced to participate in unwanted safe or degrading sexual activity, calling her sexual names, hurting a woman with objects and weapons during sex is sexual abuse.
Verbal and Emotional Abuse
Many women suffer from emotional abuse, which is no less destructive. Unfortunately, emotional abuse is often minimized or overlooked – even by the woman being abused. Emotional abuse includes verbal abuse such as yelling, name-calling, blaming and shaming. Isolation, intimidation and controlling behaviour also fall under emotional abuse . Calls her names, insults her or continually criticizes her.
Economic Abuse
Economic abuse is not a very recognized form of abuse among the women but it is very detrimental. Economic abuse mainly includes a woman not been provided with enough money by her partner to maintain herself and her children, which may comprise money for food, clothing, medicines etc. and not allowing a woman to take up an employment . Forcing her out of the house and not allowing a woman to take up an employment. Forcing her out of the house where she lives and not providing her rent, in case of a rented share hold also amounts to abuse.
Depriving her of all or any economic or financial resources to which the person is entitled under the law or custom, restricting the woman’s access to the shared household. Disposing or alienating the assets of the women whether movable or immovable, valuables, shares, securities, bonds and the like other property in which she may have an interest. However seeking maintenance to unjustly enrich one’s self and that too without providing the alleged act of domestic violence is a gross abuse of the process of law.
Duty of Courts while deciding cases under the Domestic Violence Act
In the case of Krishna Bhatacharjee vs. Sarathi Choudhury and Another, the Apex Court while elucidating on the duty of courts while deciding complaints under the Domestic Violence Act stated that:
• It is the duty of the Court to scrutinise the facts from all angles whether a plea advanced by the respondent to nullify the grievance of the aggrieved person is really legally sound and correct.
• The principle “justice to the cause is equivalent to the salt of ocean” should be kept in mind. The Court of Law is bound to uphold the truth which sparkles when justice is done.
• Before throwing a petition at the threshold, it is obligatory to see that the person aggrieved under such a legislation is not faced with a situation of non-adjudication, for the 2005 Act as we have stated is a beneficial as well as assertively affirmative enactment for the realisation of the constitutional rights of women and to ensure that they do not become victims of any kind of domestic violence.
Husband’s Obligation to maintain wife under the Domestic Violence Act
In a case taken up by the Supreme Court i.e. Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and ors. it was held that when it comes to maintenance of wife under the Domestic Violence Act read with the Hindu Adoption and Maintenance Act, 1956 it is the personal obligation of the husband to maintain his wife. Property of mother-in-law can neither be subject matter of attachment nor during the life time of husband can his personal liability to maintain his wife be directed to be enforced against such property.
Retrospective application of the Domestic Violence Act
In the case of V.D. Bhanot Vs. Savita Bhanot[11], which upheld the Delhi High Court’s view that ¬ “even a wife who had shared a household before the Domestic Violence Act came into force would be entitled to the protection of the Domestic Violence Act.
Hence, the Domestic Violence Act entitles the aggrieved person to file an Application under the Act even for the acts which have been committed prior to the commencement of the Domestic Violence Act.
Also read Filing domestic violence case is not an act of cruelty
Also read Who can claim relief under the Protection of Women from Domestic Violence Act 2005
Through this article we wish to help those women who are in genuine need of help and are willing to file complaint against domestic violence. The Domestic Violence Act is a welfare legislation for those in need and is a powerful weapon in the hands of women who are being abused by their family members.
Section 2(f) of Domestic Violence Act– Domestic relationship- “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
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
If my answer is helpful to you then please give my FIVE STAR
Dear Madam,
There are several enactments in favor of married women. You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere. You can file Domestic Violence case.
Know about Domestic Violence Act: Law and Judgments
Scope of the Act
For instance, in a recent judgment the High Court of Gujarat in the case of Bhartiben Bipinbhai Tamboli v. State of Gujrat and ors.
Till the year 2005, the remedies available to a victim of domestic violence were limited. The women either had to go to the civil court for a decree of divorce or initiate prosecution in the criminal court for the offence punishable under Section 498A of IPC. In both the proceedings,no emergency relief is available to the victim. Also, the relationships outside the marriage were not recognized.
This set of circumstances ensured that a majority of women preferred to suffer in silence, not out of choice but of compulsion. Having regard to all these facts, the Parliament thought fit to enact Domestic Violence Act. The main Object of the Act is protection of women from violence inflicted by a man or/and a woman. It is a progressive Act, whose sole intention is to protect the women irrespective of the relationship she shares with the accused. The definition of an aggrieved person under the Act is so wide that it taken within its purview even women who are living with their partners in a live in relationship.
Who can file a complaint under the Domestic Violence Act?
Section 2(a) of the Domestic Violence Act defines “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.
The Domestic Violence Act not only covers those women who are or have been in a relationship with the abuser but it also covers those women who have lived together in a shared household and are related by consanguinity, marriage of through a relationship in the nature of marriage or adoption .
Even those women who are sisters, widows, mothers, single women, or living in any other relationship with the abuser are entitled to legal protection under the Domestic Violence Act.
What is shared household?
The Court held that under Section 17(1) of the Act wife is only entitled to claim a right to residence in a shared household, and a ‘shared household’ would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. In the case, the property in question neither belonged to the husband nor was it taken on rent by him nor was it a joint family property of which the husband was a member. It was the exclusive property of mother of husband and not a shared household.
Against whom can the complaint be filed under the Domestic Violence Act?
Section 2(q) of the Domestic Violence Act defines “respondent” as any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:
Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
In view of the definition of the term respondent covering adult male person, the judiciary has time and again been confronted with the argument that an aggrieved person can file complain under the Domestic Violence Act against an adult male person only and not against the female relatives of the husband i.e. mother-in-law, sister-in-law.
However, the Supreme Court in the case of Sandhya Wankhede vs. Manoj Bhimrao Wnakhedeput ot rest the issue by holding that the proviso to Section 2(q) does not exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act. Therefore, complaints are not just maintainable against the adult male person but also the female relative of such adult male
Wife cannot implicate one and all in the family.
In the case of Ashish Dixit vs. State of UP & Anr. the Supreme Court has held that a wife cannot implicate one and all in a Domestic violence case. In this case, the complainant apart from arraying the husband and in-¬laws in the complaint, had also included all and sundry as parties to the case, of which the complainant didn’t even know names.
Types of abuse under the Domestic Violence Act
The same is enumerated below:
Physical Abuse
Physical abuse is the use of physical force against a woman in a way that causes her bodily injury or hurt. Physical assault, criminal intimidation and criminal force are also forms of physical abuse like beating, kicking and punching, throwing objects, damaging property, punched walls, kicked doors, abandoning her in a dangerous or unfamiliar place, using a weapon to threaten or hurt her, forcing her to leave the matrimonial home, hurting her children, using physical force in sexual situations.
Sexual Abuse
This is also a form of physical abuse. Any situation in which a woman is forced to participate in unwanted safe or degrading sexual activity, calling her sexual names, hurting a woman with objects and weapons during sex is sexual abuse.
Verbal and Emotional Abuse
Many women suffer from emotional abuse, which is no less destructive. Unfortunately, emotional abuse is often minimized or overlooked – even by the woman being abused. Emotional abuse includes verbal abuse such as yelling, name-calling, blaming and shaming. Isolation, intimidation and controlling behaviour also fall under emotional abuse . Calls her names, insults her or continually criticizes her.
Economic Abuse
Economic abuse is not a very recognized form of abuse among the women but it is very detrimental. Economic abuse mainly includes a woman not been provided with enough money by her partner to maintain herself and her children, which may comprise money for food, clothing, medicines etc. and not allowing a woman to take up an employment . Forcing her out of the house and not allowing a woman to take up an employment. Forcing her out of the house where she lives and not providing her rent, in case of a rented share hold also amounts to abuse.
Depriving her of all or any economic or financial resources to which the person is entitled under the law or custom, restricting the woman’s access to the shared household. Disposing or alienating the assets of the women whether movable or immovable, valuables, shares, securities, bonds and the like other property in which she may have an interest. However seeking maintenance to unjustly enrich one’s self and that too without providing the alleged act of domestic violence is a gross abuse of the process of law.
Duty of Courts while deciding cases under the Domestic Violence Act
In the case of Krishna Bhatacharjee vs. Sarathi Choudhury and Another, the Apex Court while elucidating on the duty of courts while deciding complaints under the Domestic Violence Act stated that:
• It is the duty of the Court to scrutinise the facts from all angles whether a plea advanced by the respondent to nullify the grievance of the aggrieved person is really legally sound and correct.
• The principle “justice to the cause is equivalent to the salt of ocean” should be kept in mind. The Court of Law is bound to uphold the truth which sparkles when justice is done.
• Before throwing a petition at the threshold, it is obligatory to see that the person aggrieved under such a legislation is not faced with a situation of non-adjudication, for the 2005 Act as we have stated is a beneficial as well as assertively affirmative enactment for the realisation of the constitutional rights of women and to ensure that they do not become victims of any kind of domestic violence.
Husband’s Obligation to maintain wife under the Domestic Violence Act
In a case taken up by the Supreme Court i.e. Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and ors. it was held that when it comes to maintenance of wife under the Domestic Violence Act read with the Hindu Adoption and Maintenance Act, 1956 it is the personal obligation of the husband to maintain his wife. Property of mother-in-law can neither be subject matter of attachment nor during the life time of husband can his personal liability to maintain his wife be directed to be enforced against such property.
Retrospective application of the Domestic Violence Act
In the case of V.D. Bhanot Vs. Savita Bhanot[11], which upheld the Delhi High Court’s view that ¬ “even a wife who had shared a household before the Domestic Violence Act came into force would be entitled to the protection of the Domestic Violence Act.
Hence, the Domestic Violence Act entitles the aggrieved person to file an Application under the Act even for the acts which have been committed prior to the commencement of the Domestic Violence Act.
Also read Filing domestic violence case is not an act of cruelty
Also read Who can claim relief under the Protection of Women from Domestic Violence Act 2005
Through this article we wish to help those women who are in genuine need of help and are willing to file complaint against domestic violence. The Domestic Violence Act is a welfare legislation for those in need and is a powerful weapon in the hands of women who are being abused by their family members.
Section 2(f) of Domestic Violence Act– Domestic relationship- “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
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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Domestic voilence
Dear Client,
You can file a civil case against the husband and in-laws under the provisions of Protection of Women from Domestic Violence Act (PWDV) and seek the remedy. Further, in case of cruelty co...
Family issuw
Dear Client,
If you're considering leaving home and seeking refuge in an orphanage or another safe environment, it's important to prioritize your safety above all else. You have the right to live in...
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Section 12 in The Protection of Women from Domestic Violence Act, 2005
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved pe...
Please suggest on the steps and process to follow
Dear Client,
an FIR can not be transferred from one state to another and if the jurisdictional police station is not taking action against the same please file a complaint in the magistrate, where th...
husband torture to wife
Dear Madam,
You may immediately file Domestic Violence case and other cases to restrain your husband continuously committing such violence against you.
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