A.
Dear Client,
Under Section 12 of the Protection of Women from Domestic Violence Act, 2005(PWDV), any woman who is, or has been in a domestic or family relationship with the persons and who has been subjected her to domestic violence, can lodge an FIR against him/them at the local police station for redressal of her grievance. Accordingly, in the given scenario, you can lodge a complaint under Sec.12 of the D V Act against your relatives who are harassing or forcing for marriage despite your adverse health conditions at the local police station. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may directly present an application 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. Once a person becomes a major or adult, his or her decision in the marriage or career prevails. Parents or any person cannot force or oblige a person to make a lifetime decision against his will or consent, which is unconstitutional and impermissible under the law. You can inform your plights/ordeals 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 who are empowered to investigate complaints related to domestic violence or infringement of constitutional rights. of any citizen. Apart from this, you can file a private complaint against those who forcefully harass you or force you into marriage against your will/consent 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 case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, hire an Advocate to navigate the issue in the right way. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases in the Court for appropriate relief.
Posted On 03-Mar-2025
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