Can I claim a residence order even if I am not the owner of that house?
Yes, the Act allows a survivor to be granted a residence order in the shared accommodation where she is currently residing or has resided with the accused in the past. Even if you are not the owner of that house and are a tenant or if it is the joint family property, you can apply for a residence order.
There is no Protection Officer or Service Provider in the region I live, what can I do if I am facing domestic violence?
You can either file a case under section 498A of the Indian Penal Code with the police. You also have the option of approaching the Magistrate directly to file a Domestic Incident Report. Further, you can also request the police to file the Domestic Incident Report on your behalf. In the scenario that the police refuse, you have the option of approaching a magistrate to ask the magistrate to direct the police to file a Domestic Incident Report on your behalf.
I am in a live-in-relationship and my partner abused me. Can I file a complaint under this Act?
Yes, you can file a complaint if you have been in a live-in-relationship and have not been formally married.
Can I file a case against my mother-in-law or my brother?
Yes, you can file a case against your mother-in-law or your brother. As per the law, you are protected from any family members who are living together as a joint family or have lived together as a joint family at any point.
Does my husband have to be present for the Magistrate to pass an order?
Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders or orders in the absence of the offender if there is an immediate threat of violence. Thus, you have a right to apply to the Magistrate for any relief required by you.
What if my husband continues to subject me to domestic abuse me while counselling is in progress?
You can report the incidence of domestic abuse to the counsellor. The purpose of the counselling process is to get an assurance that the incidence of domestic violence will not get repeated. The counsellor will take adequate measures including approaching the magistrate to prevent further violence.
I was assigned to a shelter home, but my husband and his family still harass me there. What can I do?
A shelter home is supposed to be a safe space for you. Ideally as per the law, if you wish to maintain your anonymity while being at the shelter home the shelter home should allow you to do so.
What if the police officer refuses to lodge my complaint?
In such a situation, you can directly approach Magistrate’s court with a ‘private complaint’ wherein you can request the court to get your FIR registered by the police. You can even file a complaint yourself and attach it along with your application.
Can you also file a case under the domestic violence law for dowry harassment?
Yes, depending on the type of harassment faced, whether verbal or physical, it would qualify as domestic violence under the Protection of Women from Domestic Violence Act 2005. The act provides immediate relief from any kind of harassment faced. The definition of domestic violence given in the law is very wide and covers a broad range of behaviours and instances, including harassment and harm arising from an unlawful demand for dowry.(( Section 3(b), The Protection of Women from Domestic Violence Act.))
How do I know my husband is subjecting me to domestic abuse/violence?
If your husband is physically beating you, or denying you access to food or money, or is forcing you to engage in sexual activities that you do not want to perform (including sex and something like forcing you to watch pornography) or mentally and emotionally harasses you about not being able to have a male child or any such other behaviour, it is domestic violence. Further, please look at Form IV which provides information on the rights of aggrieved persons.(( Form IV, The Protection of Women from Domestic Violence Rules, 2006.))
When can a complaint be filed for domestic violence?
One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.
Where and how can I find a Protection Officer for domestic violence?
A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here.
Will an FIR be filed for domestic violence?
No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed form when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.
Do I have to pay a fee to the Protection Officer or Service Provider that I have found to help me deal with domestic violence?
No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.
What is “relationship in the nature of marriage” under law on domestic violence?
“Relationship in the nature of marriage”(( Indra Sarma v. V.K.V. Sarma (2013) 15 S.C.C. 755.)) should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: – Proof of such a relationship would be the use of a common name, common ration card, same address, etc.
Are minors protected from domestic violence?
Yes, minors are protected under this Act. A minor is any person below the age of eighteen years and includes any adopted, step or foster child.
The Counselor appointed to help me deal with domestic violence is a man. I am not comfortable. Can I do something about this?
A counselor is appointed from the list of available counselors made by the Protection Officer. In the circumstance that you are not comfortable with the counselor who is appointed to counsel you and the offender you can apply to the Magistrate for a change in the counselor.
The Counselor who was appointed to counsel me and my husband for domestic violence knows my husband. Is this fine?
A counselor should not be related to either you or your husband. However, if you still believe the counselor knowing you and your husband would be impartial in her job or would be able to do her job well impartially because she knows you’ll then you and your husband can write a waiver of objection allowing her to be the counselor in your case.
If I leave my house because of domestic violence, will I be able to see my children again?
Yes, you will be able to see your children again. You can ask the Protection Officer to help you file an application for temporary custody for your children. However, the magistrate can only give you a right to keep your children with you temporarily. For you to obtain the right to keep your children with you permanently a case will have to be filed by way of other laws.
What if my husband does not follow the Protection Order that he was given for subjecting me to domestic violence?
If your husband who has been abusing you does not follow the Protection Order then he can be punished. He can be imprisoned for up to a year and/or be fined up to Rs.20,000.
What evidence will be used to prove domestic violence that is verbal or emotional on the court?
The court will rely primarily on the testimony of the victim of domestic violence. If there are eyewitness accounts then the court will rely on those testimonies as well. However, since domestic abuse happens primarily at home and it is unlikely that there will be many eyewitness accounts in support of the woman, the court will rely primarily on the victim’s account. The case of domestic abuse need not be proved beyond reasonable doubt. That is, the court only needs to believe that the women were subject to abuse after considering all the facts and circumstances.
My parents-in-law had started assaulting me physically compelling me to starve for days. Lastly on 13.03.2020 they caused me to hospitalization making half-dead. My father lodged FIR u/s 498A but the mother-in-law is still avoiding arrest while my father-in-law, after jail custody of 3 months, is out now. I begged for getting safe entry in my in-law\’s house as my parents are very poor and I have got a child on 14.12.2020. Virtually I am roofless now. My parents-in-laws have driven me out of the share way back on 15.03.2020. High Court has advised me to take resort of other efficacious remedy and I am asking for going to the appropriate court of law for immediate protection.
A woman can file a domestic violence complaint against any person with whom she is/has been in a domestic relationship. This includes:
- Husband/male partner
- Relatives of her husband or male partner, including in-laws, aunts, uncles, etc.
To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration until the Court feels that such an order is not required due to a change in circumstances. You can take the help of your lawyer to extend the duration of the order, if you require it.
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