A.
Dear Client,
A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If you feel you can manage yourself outside without the support of others for all your needs, nothing prevents or restricts you from walking out of your toxic paternal home to look for the destiny of your choice. In the given scenario, you have the following options to resolve the issues legally and correctly. 1) You file a complaint against your abusive parents who subjected you to domestic violence or hurt you mentally and emotionally at the local police station under Section 12 of the PWDV Act, 2005. Under Section 12(1) of the Domestic Violence 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 Magistrate seeking one or more reliefs under this Act that include the right to reside in a shared household, protection order and residence order. 2) You can file a private complaint against them in the court of the Judicial 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. 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 domestic violence or atrocities faced by women by sending an email to ncw@nic.in or filing an online complaint on their official website. Further, you can also seek help from the NGOs that render dedicated service to women in distress. Further, be informed that an unmarried daughter can claim maintenance from her parents under the Hindu Adoptions and Maintenance Act, 1956 (HAMA), if she is unable to maintain herself from her own earnings or property. The Hon'ble Supreme Court in the case of Abhilasha v. Prakash, 2020 SCC OnLine SC 736 , decided on 15.09.2020 held that an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Hindu Adoptions & Maintenance Act, 1956, provided she pleads and proves that she is unable to maintain herself. Section 20(3) of HAMA, 1956 makes it statutory obligation of a Hindu to maintain his or her daughter, who is unmarried and is unable to maintain herself out of her own earnings or other property. If you are not financially sound enough to continue with litigation expenses, you can apply to the Member Secretary, State Legal Services Authority, or the District. Legal Services Authority seeking free legal aid/services available to women under Section 12(c) of the Legal Services Authority Act, 1987, to contest the cases before the Court for appropriate relief.
Posted On 22-Sep-2025
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