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Dear Client,
Domestic violence is defined comprehensively under Section 3 of the PWDV Act, 2005, comprising physical, mental, verbal, emotional, sexual, and economic abuse, harassment for dowry, and acts of threatening to abuse the victim or any other person related to her. So, shared household or living under the same roof does not necessarily require committing an abuse of a victim of domestic violence where a domestic relationship exists. Accordingly, your mother can file a complaint against your your abusive father and her husband who subjected you both to domestic violence or hurt you both mentally and emotionally 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 Judicial Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory order and residence order. If the situation so warrants, you can file a private complaint against him 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 summon or warrant to the person under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Apart from this, your mother can make a complaint to the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to domestic violence or atrocities faced by women in the hand of family members by sending an email to ncw@nic.in or filing an online complaint on their official website. Seek legal advice whenever required from an experienced Advocate to understand your rights and remedies to navigate the issues legally and effectively.
Posted On 21-Jul-2025
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