A.
Dear Client,
In the given scenario, you should do what protects your interests and safety most. You can file a complaint against your sister-in-law and her husband who subjected you to domestic violence mentally and physically in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the DV Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the concerned court of Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory order and residence order. You can file a private complaint against them in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the complaint, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, consult with an Advocate to navigate the issue in the right way.
Posted On 22-Feb-2025
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