File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Domestic Violence and Divorce in India: Protecting Yourself and Your Children

Domestic Violence in India includes all forms of actual abuse or threat to abuse that can be verbal, physical, emotional, sexual, and/or economic in nature. In other words, any abuse that causes harm, injury, and/or endangers the life, safety, health, limb or well-being of the aggrieved person, either mentally or physically, is called Domestic Abuse.

Domestic Violence is abuse that specifically occurs when it is committed by a member of the victim's household. Harassment (physical, verbal or emotional) caused to a woman or to her relatives, sexual abuse of minor children, marital rape, emotional coercion, unlawful dowry demands, and/or deprivation of liberty, whether in public or private are some of the prime examples of Domestic Violence in India.

Under such unfortunate circumstances, the most crucial legal advice given to victims by divorce lawyers in chennai is distancing oneself from the abuser and filing a Divorce.

There are two steps that can be taken by victims in case of Domestic Violence:
  1. Complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
  2. Case under Section 498A of the Indian Penal Code

Complaint u/s 12 of the Protection of Women from Domestic Violence Act:

Top lawyers in chennai suggest victims file a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 to ensure the victim is safe and away from any further abuse. Within 3 days of filing the complaint, the magistrate shall begin hearing the matter and issue summons to the Respondent and Protection Officer for appearance and procuring the Domestic Incident Report. Depending upon the incident and violence, the magistrate shall grant necessary orders as interim relief, before the final judgement is rendered.

These orders include:
  • Residence orders: For any reason, if the victim has nowhere else to go, the court issues residence orders to ensure the accused cannot harm the victim or eject the victim from the marital house.
  • Protection orders: To ensure the accused person cannot harass the victim or the victim's family members and also refrains the accused from entering the house or workplace of the victim.
  • Protection of Children: If the court deems it fit, the applicant will also be provided interim custody of the children to ensure safety of the child's physical and mental well-being.
  • Compensation orders: The court also has the authority to order the accused to pay compensation towards injury, emotional distress, medical bills and/or any other losses incurred by the victim during the course of the said domestic violence.

Case u/s 498A of the Indian Penal Code:
The victim can also file a complaint against the husband or relative at the local Police Station of the neighbourhood. As a result, the husband or relative can be the subject for an FIR with an offence under Section 498A. The victim can then seek legal advice from a professional divorce lawyer in chennai with experience in handling domestic violence cases. A convicted person may be punished with a 3 year prison sentence, or a fine, or both for the crime of domestic violence in india under Section 498a of the Indian Penal Code, 1860.

If you or anyone you know, are currently subjected to Domestic Violence, please call the local helplines for support and assistance. In addition to the aforementioned helplines, you can also call the Protection Officer of your city to ensure utmost safety of you and your family.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly