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Complaint Under Domestic Violence Act 2005

How to File DV Complaint under the Domestic Violence Act 2005

Are you a victim of domestic violence and want to file DV Compliant but clueless about what to do next? Talk with our best criminal lawyer in Chandigarh and get your all doubts clear Complaint Under Domestic Violence Act 2005

Read this text to induce a quick insight into all the legal steps that maybe help you in such a scenario.

Domestic violence is the violent act husband and its relatives upon wife/daughter in law. It may in kind of mental and physical.  Domestic violence includes harms or injuries which endangers the health, safety, life, limb, or well being of women. Complaint Under Domestic Violence Act 2005
Domestic violence doesn’t simply embrace physical abuse however conjointly mental, sexual, emotional and economic abuse and many other things. Complaint Under Domestic Violence Act 2005
In India, over 55th of the ladies suffer from domestic violence, especially in the states of U.P., M.P. and other Northern states. According to the United Nation Population Fund Report, around two-thirds of the married Indian women are victims of domestic violence attacks. However, most of the women prefer staying with her husband and tolerating the abuse in the interest of their children. Complaint Under Domestic Violence Act 2005
While few others resist from filing the case as they are doing not wish to induce concerned in long legal proceedings either because of monetary incapacity or as a result of the fear of undergoing public shame and scrutiny. As a result, most of the cases of domestic violence go unreported. Complaint Under Domestic Violence Act 2005

Read Also: Dowry Laws in India

However, it’s very important to raise your voice against domestic violence act of the husband or his relatives instead of quietly enduring it.
The offence of Domestic Violence is Covered under by both- section 498a of the Indian legal code, 1860 and by the Domestic Violence Act, 2005. Complaint Under Domestic Violence Act 2005

Hence, the only woman can seek relief through it.

Before going to the filing of a complaint, you must know more about it. Read the following paragraphs, it will clear your mindset regarding domestic violence and its procedure.

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What is considered domestic violence under the law? Complaint Under Domestic Violence Act 2005

Domestic violence as defined under section 3 of the Domestic Violence Act, 2005 includes: Any kind of harm/ injury that is likely to endanger the life, health, limb, and well being of the woman whether physical or mental. Or any harassment with a view to coerce the woman or any person related to her to meet any unlawful demand of property or security (dowry).

Against whom domestic violence complaint can you file? Complaint Under Domestic Violence Act 2005

If you are being constantly tortured and ill-treated in your matrimonial home by the husband or his relatives and are undergoing mental trauma due to their acts, you have the right to file a legal complaint against all such people before the police as well as in Court.

It is a general understanding in our society that domestic violence is “only” committed by the husband on his wife, but this is not true. A woman may file a complaint against her husband and any of his relative.

It is important here that a woman who is staying in a live-in relationship with any man may also file a complaint against him if that person commits the offense of domestic violence with her.

Procedure for filing a domestic violence case Complaint Under Domestic Violence Act 2005

The victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate.

Here it comes in the mind of every person that in which court should wife should approach?

A domestic violence complaint being heard by the Illaqa Magistrate within whose local limit either the victim resides or the husband and his family members reside or where the action has been committed.

  1. The Magistrate shall upon receiving the complaint, commence the hearing of the case within 3 days of the complaint being filed.
  2. The Magistrate shall also give the notice of the date of hearing to the Protection officer who shall issue it to the accused.
  3. The court shall as far as possible dispose of the case within a period of sixty days from the date of the first hearing.
  4. You can even request the Magistrate to conduct the proceeding in camera, i.e. you will not be required to be physically present for the hearing and the proceedings will be conducted via video conferencing.
  5. The court after conducting the hearings of the case, if satisfied that a genuine case of domestic violence was filed and the accused has actually committed the offence, can pass any of the following orders as it may consider necessary in the circumstances of the case (you can also request the court to pass any of these orders)

Protection orders under domestic violence complaint: Wherein the court can further restrain the accused to commit the act of domestic violence on you or any of your family members or can even disallow him/her to enter your place of employment or residence. The protection order can be claimed by you as an interim relief, i.e. before the final judgement is passed. Complaint Under Domestic Violence Act 2005

Residence orders under domestic violence complaint: The court, if satisfied, that you have no other place to stay or for any other reason, then it can also prevent the accused from dispossessing you from your matrimonial home and can even disallow him to enter that area of the household in which you are residing.

Monetary relief under domestic violence complaint: You can even ask the court for monetary relief from the accused in order to incur your medical expenses any other loss that has occurred to you due to the offense being committed. Complaint Under Domestic Violence Act 2005

Custody of the child under domestic violence complaint: The court can also grant the temporary custody of the child/children to the person making the application. Complaint Under Domestic Violence Act 2005

Compensation orders under domestic violence complaint: In addition to above-mentioned reliefs, the Magistrate may also on an application being made by you, pass an order directing the accused to pay the compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence. Complaint Under Domestic Violence Act 2005

These orders will remain in force until the victim files an application in the court for its revocation.

If the order of the court is not passed in your favour, you can also make an appeal against the order within thirty days from the date on which the order is passed. Complaint Under Domestic Violence Act 2005

Also Read: National Commission For Women’s Helplines For All States of India 

You can file a case under section 498a of IPC 

Section 498a of the Indian Penal Code, 1860, also deals with the offense of domestic violence that provides for the punishment i.e. imprisonment of three years or fine or both. Thus, an FIR for an offense under section 498a can be registered in the local police station of your area against the husband/his relative.  You can further consult a lawyer who has professional expert lawyers who are dealing with cases of domestic violence.

Note: For any further information or any query you may contact us on 9855677966 or via email info@bhandarilawfirm.com

 

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