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.

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.

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.

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.

What is “relationship in the nature of marriage” under law on domestic violence?

“Relationship in the nature of marriage” 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.

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 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.

Apart from the Court, you can also approach:

What is a Domestic Relationship?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

In order to seek relief for domestic violence under the law, you need to prove that you have a domestic relationship with the harasser. A domestic relationship means that you are related in any of the following ways with your harasser:

  • Related by blood. For example, any relative, like your uncle, your sister, your father, etc.
  • Related by marriage. For example, your husband, your sister-in law, your brother-in law, etc.
  • Relationship that is similar to the nature of marriage, like your live-in partner.
  • Related by adoption. For example, your step-father, your step-brother, etc.
  • Related by virtue of living together as a joint family. For example, in a joint family, you can complaint against all members of the family such as your father, brother/sister-in-law, uncle/aunt, grandmother/father etc.

To go to Court, you also have to prove that you and the harasser currently live, or have lived in the past, in a shared household.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

What is domestic violence?

Domestic violence refers to violent or abusive behavior in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger. With the help of the law(( Form IV, The Protection of Women from Domestic Violence Rules, 2006.)), you can:

  • Prevent further violence by getting immediate protection. To get immediate protection, you can approach different authorities, such as the police, protection officer, etc.
  • Go to Court for:

Kinds of Domestic Violence 

The kind of violence you face does not always have to be physical. The law also recognizes other kinds of domestic violence such as sexual violence, verbal abuse, emotional or mental abuse and monetary abuse. For example, if your brother-in-law threatens to throw you out of the house every day, this is a form of emotional abuse.

Frequency of Domestic Violence

Even a single act of violence can constitute domestic violence(( Section 3, The Protection of Women from Domestic Violence Act 2005.)). You don’t have to endure domestic violence for a prolonged period of time to go to Court or seek help.

What is a Shared Household ?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

You live in a shared household with your harasser if you:

Have lived with the harasser 

In order to seek protection and relief, you must live, or have lived at some point of time, with your harasser in the household. However, it is not necessary that you are residing with your husband at the time of filing a complaint for domestic violence(( Sejal Dharmesh Ved v. The State of Maharashtra and Ors 2014 ALL MR (Cri) 636; Rupali Devi v. State of Uttar Pradesh & Ors.  (2019) 5 SCC 384.)), or that you are residing with him when the violence took place.(( Lalita Toppo v. State of Jharkhand & Anr.  2018 (4) RCR (Criminal) 976.)) You just need to have shared a household with the harasser at some point of time.

Have a domestic relationship with the harasser

In order to seek relief and protection from domestic violence, you need to have a domestic relationship with your abuser, in addition to having a shared household with them. For example, if you have lived with your mother-in-law in the same house, and you are being subjected to domestic violence, you can seek relief and protection, as it means that you had a domestic relationship with the harasser and lived with her in a shared household.

However, if you have merely lived in a shared household, but did not share a domestic relationship with the harasser, you cannot file a complaint against domestic violence. For example, if you have a servant who resides in your house, and he beats you up, you cannot file a complaint under this law against him, as you do not have a domestic relationship with him.

Have/do not have a legal share in the house

To claim relief and protection, it does not matter if you have a legal share in the house. This household can be owned/leased by either you, the harasser , or the both of you, and also includes households that belong to the joint family of which the harasser is a part, even if you do not have a legal right in it.

However, if the property is the exclusive, personal property of the parents-in-law, or any other relative of the harasser, you do not have a right to claim any share in that house, as that is not a shared household.(( S.R. Batra v. Taruna Batra (2007) 3 SCC 169.))  However, the Court will ultimately decide whether or not to allow you to reside in a particular house according to the facts of the case, so you may be allowed to reside in a house owned by your mother-in-law in some cases.  See here for more details on residence orders.

Please note that it is not necessary that the violence has taken place only in the house where you reside; it can take place anywhere.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.