domestic violence

Dear Client,
In the prevailing toxic situation, you can file a complaint against your errant and unruly husband who subjected you to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005(PWDV), an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, protection order and residence order provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. 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 in distress by sending an email to ncw@nic.in or filing an online complaint. Further, you can also approach the State Commission of Women situated in her state, and seek help from the NGOs who rendered dedicated service to the women in distress. In case your husband refuses to return the Streedhan, filing a police complaint or filing a criminal suit under Section 406 of the Indian Penal Code(IPC) is a viable option to get back your Streedhan from your husband/inlaws. The Supreme Court has ruled, saying that a woman has inalienable rights over Streedhan and she can claim it even after separation from her husband, and denying it would amount to domestic violence making the husband liable to face criminal prosecution. As per Hindu law, Streedhan is whatever a woman receives during her lifetime including all movable, immovable property, gifts, etc received prior to marriage, at the time of marriage, and during childbirth. Even in situations where the divorce has not been dissolved by the judicial decree, as per the Supreme Court of India, the woman can always claim back her Streedhan from her inlaws. If there is no possibility of reunion and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the Family Court praying for a divorce decree along with an order of maintenance. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise during divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.