Filing Case Against Domestic Violence 498A

Domestic violence affects more than 55 percent of Indian women, particularly in the states of Uttar Pradesh, Madhya Pradesh, and other northern regions. Domestic abuse affects over two-thirds of married Indian women, according to a United Nations Population Fund report. Most women, however, decide to stay with their husbands and tolerate violence in the name of their children. Others are hesitant to file the complaint because they do not want to get embroiled in lengthy legal proceedings, either owing to financial constraints or the fear of public disgrace and scrutiny. As a result, the majority of domestic abuse cases go undetected.

What is the legal definition of domestic violence?

Domestic violence is defined as any type of harm or injury that is likely to endanger the woman’s life, health, limb, or well-being, whether physical or mental, as defined by section 3 of the Domestic Violence Act, 2005.

Or any harassment aimed at pressuring the woman or anybody associated with her to comply with any unlawful demand for property or security (dowry).

Who can file a DV complaint and against whom?

If you are continuously tortured and ill-treated in your matrimonial house, or if you are suffering from emotional trauma as a result of your in-laws’ actions, you can file a court complaint against them right away. Domestic violence is sometimes misunderstood to be “only” done by a husband against his wife, which is inaccurate. A woman has the right to submit a complaint against her spouse or any of his family members. If a male commits the crime of domestic abuse, a woman who is still in a live-in relationship with him can launch a lawsuit against him.

How to file a domestic violence case ?

On behalf of the victim of domestic abuse, any witness to the crime may submit a FIR/complaint with the local police officer, protection officer, or service provider, or directly with the Magistrate. The most basic question that every person bringing a complaint has is which court should he or she approach. A domestic violence case is heard by the judge of the court in the jurisdiction of the victim, the accused, or the place where the offence was committed.

1. Within three days of receiving the complaint, the Magistrate will begin hearing the matter.
2.  The Magistrate must also give the Protection Officer notice of the hearing date, who will then provide it to the accused.
3.  The court shall, to the extent practicable, resolve the case within sixty days of the initial hearing date.
4. You can even ask the Magistrate to hold the hearing in camera, which means you won’t have to be present in person and the proceedings will be performed by video conferencing.
5.  If the court is satisfied that a true case of domestic violence has been filed by lawyer in family court and that the accused has actually committed the offence, it can issue any of the following orders, as it sees fit in the circumstances of the case (you can also request the court to pass any of these orders) –
   • Protection orders: The court can issue an order prohibiting the accused from harming you or any of your family members, as well as prohibiting him from entering your place of employment or housing. You can apply for a protection order as an interim relief, meaning before the final judgement is issued.
   •  Residence orders: If the court is convinced that you have no other place to reside or for any other reason, the accused may not be evicted from your matrimonial home and may even be barred from entering the area of the household where you are residing.
   •  Monetary relief: You can also seek the court for monetary compensation from the accused to cover your medical expenses and any other losses incurred as a result of the crime.
   • Temporary custody of the child/children: The court can also grant temporary custody of the child/children to the applicant.
   • Compensation orders: In addition to the reliefs mentioned above, the Magistrate may, upon your application, issue an order directing the accused to pay compensation and damages for injuries, including mental torture and emotional distress, caused by acts

These orders will remain in effect until the victim files a revocation application with the court.

If the court’s decision is not in your favour, you have thirty days from the date of the decision to file an appeal.

You may file a case under IPC section 498A.

Section 498a of the Indian Penal Code, 1860, also deals with the crime of domestic violence, which carries a three-year prison sentence, a fine, or both. As a result, a FIR for an offence under Section 498a can be filed against the husband/his relative at the local police station in your area.

-You can also consult a lawyer who has professional experience dealing with domestic violence cases.

Domestic Violence Helplines in India

Finally, if you do not want your name to be directly involved in the case, you can approach an NGO, which will file the case in court on your behalf and fight for your cause. The following are the contact information for a few non-governmental organization’s (NGOs) from which you can seek assistance:

All India Women’s Conference
Operation Time: 10 AM-6 PM
Helpline No: 91-11-23384092/8567
Call: +91-11 43389100/43389101/43389102/43389103
Add: Sarojini House, 6 Bhagwan Dass Road, New Delhi – 110001
info@aiwc.org.in
president@aiwc.org.in
www.aiwc.org.in

Shakti Shalini
6/30-B, Lower Ground Floor, Kargil Park Lane, Jangpura-B, New Delhi, Delhi 110014
https://shaktishalini.org/
Operation Time: 10 AM-6 PM
Helpline No: 011-24373737
Call/watsapp: 9654462722
Call/watsapp: 7838957810