Theme: Domestic Violence

Are Live In Relationships covered under Domestic Violence law?

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

You are in a live-in-relationship if you cohabit, i.e.  share a house with your partner without marrying him or her. It is considered a domestic relationship between an unmarried adult woman and an unmarried adult male who live or, at any point of time lived together in a shared household(( Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.)). Unlike a marriage, a live-in relationship is not legally regulated.. For example, you do not have to register the relationship, and  to end a live-in relationship, a divorce is not required, and you may end it in any manner you see fit.

A live-in relationships are considered valid under the law only if it is in the “nature of marriage” i.e. the relationship has some essential characteristics of a marriage, even if it is not legally recognized as a marriage. The courts, while pronouncing judgments on live-in relationships, compare them to marriages to  determine whether the relationship has the characteristics of a regular marriage(( Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.)).

Courts, through various cases(( Revanasiddappa v. Mallikarjun (2011) 11 SCC 1.)), have laid down the conditions for live-in relationships to  be considered as relationships in the “nature of marriage”(( Badri Prasad v. Director of Consolidation  (1978) 3 SCC 527.)). These are:

Duration of the Relationship

You and your partner must have voluntarily cohabited for a significant period of time, like months or years in a shared household. A few weeks,a weekend or a one night stand,  does not count as a live-in relationship.

Socialisation in Public

You and your partner should be socialising publicly with friends, relatives and others, as if you and your partner are husband and wife .

Age and Marital Status 

You and your partner should be able to qualify to enter into marriage i.e.neither  of you should have a spouse at the time of entering into the relationship, and both of you should be above the legally valid age of marriage i.e. 18 years.

Sexual Relationship

You and your partner must have a sexual relationship that includes emotional and intimate support2.

Financial Arrangement 

You and your partner have a financial arrangement similar to that of a husband and wife. For example, you have pooled in your resources together or financially support each other, such as through shared bank accounts, assets in joint names, long term business investments, etc.

Domestic Arrangement

If one of you, especially the woman, is entrusted with the responsibility to run the household and do domestic work – cleaning, cooking, upkeep of the house, etc. then this is a domestic arrangement similar to a marriage.

Intention and conduct of the parties

Common intention of the parties as to what their relationship is and their respective roles and responsibilities, primarily determines the nature of that relationship.

Children

Having children is a strong indication that the nature of the relationship is similar to that of a marriage, and that the participants have a long-term orientation towards the relationship.

If the criteria given above are not met, then your relationship will not be a live-in relationship recognized by Courts.

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.

Signs of domestic violence

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

Domestic violence can be of many different kinds and in many form, such as verbal, sexual, etc. Given below is an indicative list of signs of domestic violence. You can get protection and go to Court if you, or any child in your custody, have faced any of the following acts(( Section 3, The Protection of Women from Domestic Violence Act, 2005; Form IV, The Protection of Women from Domestic Violence Act, 2005.)):

Physical Abuse

  • You are being hurt physically, and your health, physical development or well- being is threatened. For example, beating you, slapping you, hitting you, etc.
  • You are being hurt physically, and it is causing danger to your life.
  • Someone makes any gestures that makes you believe that they are going to physically hurt you. For example, if your husband shakes his fist at you while knowing that it will likely make you believe that he is going to punch you.
  • Verbal or physical threats to harm you or your loved ones, in order to:
  • Scare you or alarm you or make you feel annoyed.
  • Make you do something you don’t legally have to do. For example, if your in-laws threaten to hurt you if you don’t quit your job.
  • Prevent you from doing something you are legally entitled to do. For example, if your husband threatens to hurt you if you want to file a complaint against him.

Verbal and Emotional Abuse 

  • You are insulted, humiliated or ridiculed. For example, if your husband calls you abusive names because you did not bear a male child, or because you did not bring dowry.
  • The harasser threatens to commit suicide. For example, if you state that you want to divorce your husband, and he threatens to commit suicide if you do so.
  • Separating you from your child. For example, if you are separated from your newborn child because your in-laws believe you cannot take care of him.(( Parijat Vinod Kanetkar and Ors. v.  Malika Parijat Kanetkar and Ors.  2017 (2) RCR (Criminal) 792.))
  • Preventing you from taking a job, or forcing you to leave your job.
  • Preventing you, or any child in your custody, from leaving the house.
  • Preventing you from meeting any person, like family members or friends.
  • Forcing you to get married to someone or preventing you from getting married.
  • Threats to cause physical pain to your loved ones.

Economic/Monetary Abuse

  • You are deprived of any financial assets and resources you are entitled to. For example, if you are a widow in a joint family, and are deprived of the resources belonging to the joint family.
  • Restricting access to resources that you normally use by virtue of the relationship you share with the harasser, such as access to any part of the house that you live in.
  • Dispossess you from your assets, or assets held jointly. For example, if your husband sells off the property that both of you own together.
  • Removing your personal items from the household, such as your clothing, utensils, etc.
  • Not allowing you to use items of general household use, such as preventing you from entering the kitchen.
  • Not giving you enough money to maintain yourself/your children, such as money for food, clothes, medicines, etc.
  • Not letting you take up employment, or disturbing you in carrying out your job.
  • Taking away your salary, or not letting you use your salary.
  • Forcing you to leave the house.
  • Not paying rent, if living in a rented accommodation.

Sexual Abuse 

  • Any unwelcome sexual conduct, such as you are forced to have sexual intercourse.
  • You are forced to perform a sexual act that makes you feel humiliated, abused or violated.
  • You are forced to view pornography or any other obscene material.
  • Your child has been sexually abused.

The Courts may recognize other acts of violence/abuse as domestic violence also, depending on your situation. If you are not sure whether you are facing domestic violence, you should get in touch with the Protection Officer of your district, a lawyer or any NGO or service provider who will be able to help you.

Where can Domestic Violence Happen?

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

An act of domestic violence can happen anywhere. It need not always be confined to the house you are living in.(( Bipin v. Meera D.S. 2017 (1) RCR (Criminal) 479.)) Domestic violence can take place anywhere, like your place of employment or education, your child’s school, the marketplace, etc(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)).

You can file a complaint and with the help of a lawyer, go to Court to file a case against your harasser, regardless of where the domestic violence has happened.

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 are the Rights and Remedies for Victims against Domestic Violence?

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

Victims of domestic violence have certain rights under the domestic law as well as  remedies to protect themselves and their children. The Protection Officer, or a service provider, has a duty to inform you of these rights and remedies.

Rights under the law

You have a right to:

Remedies under the law

In addition to the rights that you have, you can also avail certain remedies from the Court. You can:

Receive monetary compensation for physical injuries, loss of property, etc.

Who can seek Protection against Domestic Violence?

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

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter(( Mr. Ali Abbas Daruwala vs. Mrs. Shehnaz Daruwal  2018 (3) RCR (Criminal) 106.)) i.e. any woman, regardless of her religion or caste, can file a complaint against domestic violence.

Please keep in mind that if you decide to go to Court, you need to make sure that you had a domestic relationship and a shared household with the harasser. You can complain and seek protection in the following circumstances:

If you are married

If you are married, and are facing domestic violence from your husband or in-laws, you can file a complaint against them.

If you are divorced

If you are divorced, then depending on the facts of the case, you may or may not be granted protection and relief. Some situations are:

  • If you face violence before the divorce, you can file a complaint, as you had a domestic relationship with your husband/in-laws at the time the violence took place.(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) 10 SCC 736.))
  • If you face violence after the divorce, you will have to prove that a domestic relationship was existing between you and the harasser at the time when the domestic violence took place. In some cases, even if you cannot prove the domestic relationship, the Court may hear you out. For example, if you and your husband continued to take care of your child together after getting divorced,  and you faced harassment in the course of that.
  • If you have initiated divorce proceedings at some point, but did not end up getting divorced, you can file a complaint if you face any domestic violence.(( Prakash Nagardas Dubal-Shaha v. Meena Prakash Dubal Shah (2016) 13 SCC 277.))

If you have deserted your husband

If you have left your husband because he was subjecting you to domestic violence, by beating you, verbally abusing  you, etc., you can file a complaint against him for domestic violence. If you have left your husband for any other reason, then you cannot file a case. For example, if you left your husband because you wanted to live with another man, or because you wanted to live alone, then you cannot file a complaint under this law.(( Sejal Dharmesh Ved v. The State of Maharashtra and Ors. 2014 ALL MR (Cri) 636.))

If you are judicially separated

If you are judicially separated from your husband and you have faced domestic violence from him or your in-laws either before or after the separation order, you can file a complaint against the harassers.(( Krishna Bhatacharjee v. Sarathi Choudhury (2016) 2 SCC 705.))

If you are in a live-in relationship: 

If you are in a live-in relationship, you can file a complaint against your partner if you face domestic violence.(( Velusamy v. D. Patchaiammal (2010) 10 SCC 469.)) In some cases, you can also file a complaint if you are now separated but faced violence when you were still with your partner.(( Reshma Begum v. State of Maharashtra & Anr. 2018 SCC OnLine Bom 1827.))

If you are a widow

If you continue to live with your in-laws after the death of your husband, it is viewed as a domestic relationship, as your relationship with your in-laws does not come to an end with the death of your husband. In such a case, if you face domestic violence, you can file a complaint against your in-laws.(( Jitendrabhai Bhikhabhai Bhambaniya  v. State of Gujarat, Criminal Revision Application/271/2016, Gujarat High Court.)) For example, if you are a widow who is being harassed by her mother-in-law, you can file a complaint against her.

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 are the Domestic Violence Helplines?

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

You can also reach out to certain helplines that will help you file a complaint, locate the relevant Protection Officer, and provide additional help and support. The relevant governmental helplines are listed below.

Violence and Crimes

Police

If you are facing violence, you can call 100 to seek immediate help from the police. After describing your location, a police unit will be sent to you for further assistance.

National Commission for Women, Police Helpline: 

If you are facing violence, you can call and complain about it. These are the steps you should take:

Step 1: Call 1091

Step 2: Describe the crime in detail

Step 3: Give your location and contact number

The police will then be sent to your location to assist you and stop the harasser.

Missing Persons and Kidnapping

Missing Women and Children

This helpline helps track missing persons. You can take the following steps:

Step 1: Call 1094. 

Step 2: Provide them with the contact number of the missing person.

Step 3: A phone number search is done on ZIPNET (Zonal Integrated Police Network) where they will trace the location of the missing person and contact the police.

Step 4: If they cannot locate the missing person, they will reach out to the police station to continue the search on the ground level.

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.

How can you Get Help and Support against Domestic Violence?

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

While filing a domestic violence complaint, you might need additional support and help, which you can access by approaching the authorities listed below.

Support and Assistance

Protection Officer

You can also approach the Protection Officer of your district, who provide you with support, by helping you obtain free legal aid, make a shelter home available to you, if required, direct you to appropriate service providers, etc.

NGOs,Civil Society Organizations, Service Providers 

You can approach NGOs, civil society organizations or service providers to help you and provide you with support, such as providing legal aid, making you aware of your rights, getting you in touch with the concerned Protection Officer, etc. Depending on the organization, they may even provide you with shelter, employment opportunities and vocational training, counselling, etc. These services will likely be free of cost, depending on the type of organization you have approached.

Service providers also have the power to record a Domestic Incident Report themselves and forward it to the concerned Court or Protection Officer. They can also help you get a medical checkup, especially if you are injured and forward the medical report to the concerned Protection Officer or police station.

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.

Legal Assistance

Getting a Lawyer

You have the option of approaching a lawyer to help you navigate from the complaint stage to helping you go to Court.  If you cannot afford a lawyer, you can approach the District Legal Service Authority in your district for free legal aid. See here to understand the procedure for applying for free legal aid. If you are unsure as to how to find it, you can ask for help from the Protection Officer, NGOs, service providers, etc.

How can you get Immediate Protection for Domestic Violence?

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

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/children protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration(( Section 25, The Protection of Women from Domestic Violence Act, 2005.)) 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. The protection order will help you(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)):

Stop Acts of Domestic Violence

The harasser will be ordered not to:

  • Commit or help in committing any form of domestic violence.
  • Commit violence against friends, relatives or any person who is supporting you through the violence.

Prevent any Disturbance or Harassment 

The harasser will be ordered not to:

  • Disturb/harass you at any place including your place of work or residence.
  • Disturb your child/children at school or any other place where they visit.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
  • Contact you either personally or through email, telephone, online, etc.

Protect your Finances and Property

The harasser will be ordered not to:

  • Sell or give away your assets, wedding gifts, stridhan, etc. without your consent.
  • Operate any single/joint bank accounts or access single/joint bank lockers without your consent and without letting the Court know.

Regulate the Harasser’s Behaviour

The harasser will be ordered not to:

  • Use any firearms, weapons or other dangerous substances that can be used to hurt you. The harasser may be asked to surrender it directly to the Court.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
  • Consume any alcohol, drugs or similar substances that can intoxicate, which leads to  domestic violence.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))

If the harasser is still disturbing you after the order, you(( Section 32(2), The Protection of Women from Domestic Violence Act, 2005.)) can make your lawyer inform the Court. The Court will punish the harasser with jail time of one year or a fine of Rs. 20,000.

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.

What are Medical Facilities and Shelter Homes?

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

Medical Facilities

If you have been subjected to domestic violence, it is your right to receive medical assistance. You can approach the Protection Officer of your district or any service provider working within the ambit of women’s rights, and they will help you, as well as any child, obtain medical assistance. The medical report will be forwarded to the relevant police station and Court.

Role of a Medical Facility: 

  • Providing medical assistance to a victim of domestic violence. No medical facility can deny service to such a person.
  • File a DIR and forward it to the relevant Protection Officer, if one has not been filed already.
  • Supply the victim with a free copy of the medical report.

Shelter Home

Shelter homes are homes set up by the State Government to provide a safe space for women to stay in. Any woman who has suffered from any kind of violence including rape, sexual crimes, domestic violence, etc. can stay in a shelter home(( Section 6, The Protection of Women from Domestic Violence Act, 2005.)). If you are unable to go back to your house because the harasser(s) who harmed you is/are still living there, then the Protection Officer or service provider may ask you to go to a shelter home. If you want to find a shelter home, you can approach a Protection Officer who would maintain records of the shelter home in his or her district(( Section 11(3) and 11(4), The Protection of Women from Domestic Violence Act, 2005.)).

Even if you have not filed a DIR, with the help of a Protection Officer, you can ask for accommodation in a Government-run shelter home, and the shelter home cannot refuse shelter to you  merely because you have not lodged a DIR. If you desire, the shelter home will not disclose your identity to the harasser(( Section 16(1),(2),(3), The Protection of Women from Domestic Violence Act, 2005.)).

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.

What is Counseling under Domestic Violence law?

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

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence. The Court can pass an order to either the harasser or you to undergo counseling, either alone or together, with a service provider or a counselor appointed by the Court.

A counselor cannot be:

  • Any person who is connected to the case, or any person who is related to you or your harasser unless both you and the harasser consent to this(( Section 13(2)(i)(ii) and 13(3), The Protection of Women from Domestic Violence Act, 2005.)).
  • Any lawyer who has appeared for the harasser in the case.

If you are uncomfortable with the counselor for any reason, you can ask your lawyer to inform the Court who will look into the matter.

Role of the Counselor

A counselor’s role is to:

  • Set up a meeting either alone with you or together with the harasser at a place convenient for you and the harasser(( Section 14, The Protection of Women from Domestic Violence Act, 2005.)).
  • The Counselor has to conduct the counseling proceedings with the aim of making sure that the domestic violence does not repeat. The Counselor may take an undertaking(( Section 14,(6) The Protection of Women from Domestic Violence Act, 2005.)) from the harasser stating that he:
  • Will not commit any further domestic violence.
  • Will not try to meet or communicate in any manner through letter, telephone, electronic mail or through any medium except in the presence of the counselor in a manner allowed by a judge.
  • If you decide that you want to settle the matter and end the case, you can tell the Counselor, who will make an effort to come up with the best possible solution for everyone involved.

In the process of counseling, the harasser is not allowed to justify any reasons for subjecting you to domestic violence. After the counseling is over, the counselor has to submit the report regarding the counseling session(s) to the Court as soon as possible so that the Court can take further action, and set a date for hearing the case, within 2 months. If a settlement is not arrived at, the Counselor has to report the reasons to the Court.

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.

How can you File a Criminal Complaint for Domestic Violence?

In addition to filing a case for domestic violence, where you can seek, among other things, protection or monetary relief, you can also(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.)) file a criminal case with the Court against the harasser if the violence you faced is severe. By filing a criminal case, the harasser would be punished for the act of violence committed with jail-time and a fine. Your lawyer must inform the Court that both the cases have been filed(( Sirajuddin Khan @ Siraj v. Dr. Shahnaz Firdous M.Cr.C NO. 10341 OF 2011.)).

Before filing the criminal case, you will have to go to the police station and file an FIR. You can file an FIR with the police using Section 498A of the Indian Penal Code, 1860.

A criminal case can be filed for the following reasons(( Section 498A, The Indian Penal Code, 1860.)):

  • If the harasser drives a woman to commit suicide(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)) .
  • If the harasser causes or tries to cause any grave injury to the woman or danger to the life or health of a woman.
  • If the harasser affects the mental health of a woman to such a degree that it is a danger to her life.
  • If the harasser through any words or physical actions causes any mental stress or psychological distress to the woman(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)).
  • If the harasser forces a woman to give dowry or unlawful demand for any property or valuable security.

If convicted by the Court for any of the crimes given above, the harasser will have to pay a fine to the Court and face imprisonment for up to 3 years.

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.

How can you file a complaint against domestic violence?

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

You or anyone on your behalf, can approach the authorities listed below to file a complaint against any domestic violence that you have been facing:

Police

Go to the Police Station 

You can approach the police station in your area, or any other police station, and file a complaint for domestic violence. The police will file a DIR/FIR and/or direct you to the Protection Officer of the district who will be able to help you out further.

Protection Officer

Approach the Protection Officer 

To file a complaint, the Protection Officer of the district will be the first point of contact for you. The Protection Officer will help you file a Domestic Incident Report (DIR), make applications to the Court to get you monetary relief, protection etc. A state-by-state list of Protection Officers is given here. If you cannot find the Protection Officer of your area, you can reach out to NGOs, civil society organizations and service providers who will put you in touch with one.

National and State Commissions for Women

Approach the National/State Commission for Women

National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women, such as domestic violence, dowry harassment, rape, etc. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Providing counselling or a hearing before the NCW, so that the dispute can be resolved between the two parties.
  • Constituting an Inquiry Committee which makes spot inquiries, examines witnesses, collects evidence and submits the report with recommendations regarding the domestic violence.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in or filing an online complaint. As the NCW is located in New Delhi, you can approach the State Commission of Women situated in your state, and ask them for help.

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.

Who can You Complain against for Domestic Violence?

You can complain against both men and women for domestic violence. You can complain against the following:

  • Your family: You can complain about your family, if they are subjecting you to domestic violence, in the following circumstances:
    • If you are related to the harasser by blood, you can file a case against them. For example, your father, brother, etc.
    • If you are related to your harasser by marriage, you can file a case against them, such as your in-laws, husband, etc.
    • If you are related to your harasser by virtue of living together as a joint family, you can file a case against them. For example, your grandmother, uncle, adopted brother, etc. However, you can complain only against those who were complicit in the violence.(( Ashish Dixit v. State of UP & Anr. (2013) 4 SCC 176.)) For example, if you live in a joint family with ten people, and only your mother-in-law and husband subjected you to violence, you can complain only against them.
  • Your live-in partner: If your live-in partner hurts or abuses you, you can file a complaint against him.
  • Minors: You can complain against a minor who is subjecting you to domestic violence.(( Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165.)) For example, if a 16 year old boy in your family is physically hurting you, then you can file a complaint for domestic violence.

While going to Court, keep in mind that you must have been subjected to domestic violence by someone with whom you have shared not only a domestic relationship but also shared a 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 the Time Limit to Complain against Domestic Violence?

There is no specific time limit(( Vikas and Ors. v. Usha Rani and Ors. 2018 (3) RCR (Criminal) 307.)) for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place. However, if there is a delay in complaining against the domestic violence that you have faced, you might be asked to explain the reasons behind the delay.

Given below are some specific situations where you may file a complaint against domestic violence:

Complaining for Acts before 2005

Though the law(( V.D.Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) on domestic violence came into force in 2005, the law allows you to file an application for relief and/or protection even against any domestic violence that happened before 2005. If you are a woman who faced violence before 2005,  you would still be entitled to protection under the law and you can approach the Court to file a case. For example, if a woman, Sita, faced domestic violence from her mother-in-law in 2001, she would still be eligible to go to Court to file a domestic violence case , even if the law on domestic violence came into force after she had already experienced domestic violence.

Complain after Divorce

You can file a complaint against domestic violence even if you are already divorced(( Smt.Sabana @ Chand Bai & Anr vs Mohd.Talib Ali & Anr 2014 (2) RCR (Criminal) 293.)). For example, Seema got married in 2012 and for two years she faced physical violence from her husband. She divorced her husband in 2014. Seema has a right to file a domestic violence case after 2014 against her ex-husband for hurting her during the two years she was married to him. This is because at the time she faced domestic violence, she was in a domestic relationship with the harasser i.e. her husband.

What is a Domestic Incident Report?

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

Domestic incident report (DIR)((Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)) is a report that is made on receiving a complaint of domestic violence from a woman. This report can be made by either a Protection Officer or a service provider. The DIR will contain details such as your name, age, details of the harasser, details of the incident of violence that happened, etc. To file a DIR, you can approach any of the following officers/persons:

Protection Officer

A protection officer upon receiving a complaint has to fill the DIR and inform you of your legal rights under the law. You will also get a free copy of the DIR to keep with you. Afterwards, the protection officer will send the Domestic Incident Report and an application to the Court to start a case. The DIR will also be forwarded to the police station or Service Providers.

Service Provider

A service provider upon receiving a complaint has to fill the DIR and put you in touch with a Protection Officer or send it to the Court(( Section 10 (2) (a), The Protection of Women from Domestic Violence Act, 2005.)). If you have been injured, a service provider will help you get a medical examination done and the report will be forwarded to the Protection Officer or police station. They also help you get in touch with shelter homes where you can stay away from the harasser.

Police Officers

If you cannot find a Protection Officer or a service provider, you can approach the nearest police station to file a complaint. The officers will put you in touch with a Protection Officer and give you the option of filing the following:

  • FIR (First Information Report)

By filing a First Information Report, a criminal case can be initiated against the harasser. The police will give you the option of filing an FIR at any point if you want to pursue a criminal complaint(( Form I(8), Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)).

  • DIR (Domestic Incident Report)

If you do not want to initiate criminal proceedings by filing an FIR then the police officer has to make a daily diary entry about the domestic violence you faced, and enter details per the DIR forwarded to the police by the PO. If such information is not available, the police will put you in touch with a Protection Officer to file a DIR and get this information for the daily diary.

Person-in-charge of Medical Facilities 

If you have approached a medical facility and have not yet filed a DIR, the person-in-charge of the medical facility must file a DIR, and forward it to the Protection Officer.

What is the Role of a Protection Officer?

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

If you decide to file a domestic violence complaint, a Protection Officer (PO) is generally the first point of contact for you. Anyone, including someone you know, can visit, call, or write to a Protection officer in your district or an area nearby to complain against the violence and seek protection. To find a PO, you can:

  • Go to the nearest police station and ask them to put you in touch with a PO.
  • Call or go to the Department of Women and Child Development in your district.
  • Approach the National/State Women Commission. A state-by-state list of Protection Officers is available here.
  • Approach an NGO or a service provider.

Your complaint will be written down by the PO and you can ask for a free copy of this complaint to keep with you. Protection officers will help you(( Section 9, The Protection of Women from Domestic Violence Act, 2005.)):

File a complaint

The PO will help you file a Domestic Incident Report 2(DIR) which is a special report for cases of domestic violence which will have all the details of the harasser(s), the details of the victims, etc. They will also help you file a direct complaint with the Court and assist you in getting legal support.

Give Information to the police

The PO will forward a copy of the DIR as well as a copy of the medical report, if you were medically examined, to the police station located within the area where you faced violence. After this, the police will look into the matter and stop the harasser(s) from committing any acts of violence towards you(( Section 5, The Protection of Women from Domestic Violence Act, 2005.)).

Provide immediate protection and support

The PO will help:

  • Prepare a safety plan for you which will specify the measures required for your safety, and the orders you are seeking from the Court.
  • Get you and/or your child medical aid from a medical facility in case you have any injuries.
  • Put you in touch with service providers who will assist you with legal support, counseling, medical facilities, shelter homes, etc.

Inform you of your legal rights

The PO will discuss with you the different kinds of domestic violence with you to understand what you have been through. This will be recorded in the DIR. Afterwards, the PO will inform you of the rights and remedies you are entitled to under the law after filing a complaint.

Support you through Court processes

Protection Officers will:

  • Help you gain access to free legal aid through the District Legal Aid Services Authority.
  • Ensure that you and your children are not victimised or pressurised during the Court proceedings by the harasser.

How can you go to Court for Domestic Violence?

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

If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)). You should take the help of a lawyer and if you do not have one or from protection officers, NGOs, etc. who will put you in touch with legal aid services.

The Court will first look at whether your case is domestic violence under the law by seeing if:

The Court will serve a notice to the harasser(s) with the help of the Protection Officer and will hear your case within 3 days of filing the application. The Court will help you out by giving temporary orders for protection, financial assistance and support(( Section 12 and 13, The Protection of Women from Domestic Violence Act, 2005.)).

Court Orders

Once the Court is satisfied that your case is one of domestic violence, your lawyer can ask the Court for the following(( Sangita Saha v. Abhijit Saha and Others. (2019) SCC OnLine SC 559.)):

An order to stay in your house. This is known as a residence order.

What is a Residence Order under Domestic Violence law?

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

If you are being thrown out of your shared household (house) by your harasser or you don’t feel safe living in your house, you can approach the Court for help with the assistance of a lawyer or a Protection Officer. The residence order will help you(( Section 19, The Protection of Women from Domestic Violence Act, 2005.)):

Stay in the House

By way of a residence order, the harasser may be asked not to throw you out or force you to leave the house. You have a right to stay in the house wherein you lived there together as a couple  i.e. as husband and wife(( Section 2(f), The Protection of Women from Domestic Violence Act, 2005.)) or live-in partners, even if:

  • You don’t have any legal share, title or right in the house.(( Section 19(a), The Protection of Women from Domestic Violence Act, 2005 ; Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.))
  • The harasser does not live in that house anymore.(( Lalita Toppo v. State of Jharkhand & Anr.  2018 (4) RCR (Criminal) 976.))
  • The harasser does not have any legal share, title or right in the house.(( Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.))

Keep you away from the Harasser

The harasser may be asked to:

  • Leave the house.(( Sabita Mark Burges v. Mark Lionel Burges  2013 (5) Bom CR 387; Manju Sharma v. Ramesh Sharma CRL.O.P.(MD)No.12092 of 2008.)) This may also include the relatives of the harasser but the Court can only direct such orders against a male harasser.(( Meenavathi v. Senthamarai Selvi Crl. O.P. (MD) No. 12092/2008.))
  • Not enter the premises of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Help you get alternative accommodation

The harasser may be asked to:

  • Give you a portion of the house to live in along with all the necessary amenities for a comfortable and dignified stay(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and not enter your portion of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))
  • Pay for(( Ajay Kumar Jain v. Baljit Kaur Jain 2009 SCC OnLine DEL 1538.)) or buy another house for you, if needed(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and provide monetary relief by paying rent.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Protect finances and property

The harasser may be asked not to:

  • Sell, lease or mortgage the house.
  • Renounce rights in the shared household, for example, by alienating or disposing the shared household.(( Navleen Kler Bhatia v Sarabjit Singh Bhatia.,Criminal Appeal No.No. 28/2011 ID No. 02406R0298502011))

The Court may also ask the harasser to follow any other conditions that are required to protect you and your children.

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.

How can you get Compensation or Money for Domestic Violence?

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

To get money or compensation from the harasser, you can file an application(( Section 20, The Protection of Women from Domestic Violence Act, 2005; Section 125, The Code Of Criminal Procedure,1973.)) with the Court asking for monetary relief with the help of a lawyer or a Protection Officer. The Court will pass an order to compensate you and your child/children for all the losses and injuries you have suffered as a result of the violence and abuse. You may get the money either on a monthly basis or as a lump sum as decided by the Court. The amount of money you can get will be determined by the Court keeping in mind the standard of living you are used to(( Sunil Singh v. Smt Neetu Singh 2011 SCC OnLine Del 5506)). Among other things, the harasser may be asked to pay you money for:

  • Your lost income. For example, loss of earning in situations where you were not allowed to work or if you did not receive a salary because you were in the hospital for a month because of violence.
  • Physical injuries and medical expenses. For example, hospital bills and money for medicines.
  • Loss due to damage to your property or property being taken away. For example, your jewelry or land that you owned. The Court may ask the harasser to return such valuable items back to you(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))
  • Upkeep for your life. For example, paying rent for the house, living expenses for your child and yourself, etc.
  • Mental torture and emotional distress. For any distress caused to you which has affected your work or your life.(( Section 22, The Protection of Women from Domestic Violence Act, 2005.))

Laws you can use

There are two laws under which you can ask the Court to make the harasser pay money to you – domestic violence law (Section 20/22) and criminal law (Section 125, CrPc). You can ask your lawyer to claim monetary relief using both laws(( Prakash Babulal Dangi v. The State of Maharashtra & Anr.Petition for Special Leave to Appeal(Crl.) Nos.10280-10281/2017.)).

In case of failure of payment

If your harasser does not give you the money, as ordered by the Court, you should inform  the Court with the help of a lawyer. The Court will then ask:

  • The harasser’s employer/boss to pay the amount to the Court and deduct it from his salary.

Any other person(( Section 20(6), The Protection of Women from Domestic Violence Act, 2005.)) who owes the harasser money to pay the amount to the court which will then be given to you.