A.
Dear Client,
Apart from the pending divorce case, in the prevailing situation, you can file a complaint/FIR against your husband who subjected you to domestic violence by uttering abusive language that causes mental cruelty in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may apply directly to the concerned Court of Magistrate seeking one or more reliefs under this Act. Section 27 of the Protection of Women from Domestic Violence Act, 2005 addresses the issue of jurisdiction. As per Section 27(1)(a) of the D VAct, an FIR or complaint can be filed in a court where the “person aggrieved” permanently or temporarily resides or carries on business or is employed. If the police station at Bangalore refuses to to lodge an FIR, a complaint under Section 156(3) of Cr. PC can be filed before the concerned Judicial Magistrate who may then order the police to conduct an investigation. This time, the police cannot disregard or refuse to file an FIR, which will trigger an investigation of the alleged domestic violence. Further, you can file a petition before the Magistrate under Sec.125 Cr. PC seeking interim maintenance for you and your child. In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court. The order or decree of maintenance may be enforced like a decree of a civil court, through the provisions, which are available for enforcing a money recovery suit. Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women by sending an email to
[email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the NGOs who rendered dedicated service to the women in distress. Reach out to an Advocate for guidance and steps
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