One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a 21-year-old college student, approached me regarding his father Mr.Y who was physically and emotionally abusive towards his mother Mrs.Z. Mr.Y exhibited controlling behavior typical of patriarchal mindset, believing his wife should always obey him without question. He would regularly scold Mrs.Z, hit her during arguments, and create an atmosphere of fear in their home in City A. Mr.X felt helpless watching his mother suffer but was concerned about social stigma and his mother’s reluctance to take action due to societal pressure. The family was worried about community judgment if the matter became public. Mrs.Z remained silent despite the abuse, fearing divorce would bring shame to the family.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all incidents of violence with dates and details. Encourage your mother to seek medical treatment for injuries as medical records serve as crucial evidence. Connect with women’s helpline services for emotional support and guidance. Consider family counseling as an initial step before legal action. Build a support network of trusted relatives or friends who can witness the situation and provide assistance when needed.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 79 covers assault, Section 115 addresses voluntarily causing hurt, and Section 85 deals with criminal intimidation. The Protection of Women from Domestic Violence Act, 2005 provides comprehensive remedies including protection orders, residence orders, and monetary relief. Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 allows police to arrest without warrant in domestic violence cases. These laws collectively provide strong legal framework to protect women from household abuse and ensure their safety and dignity.

If You Are the Complainant

• File complaint at nearest police station under domestic violence provisions
• Approach Protection Officer appointed under DV Act for immediate assistance
• Collect all medical records, photographs of injuries, and witness statements
• Apply for protection order to prevent further violence and harassment
• Seek residence order to continue living in matrimonial home safely

If You Are the Victim

• Maintain detailed diary of all incidents including dates, time, and nature of abuse
• Seek immediate medical attention for injuries and preserve all medical records
• Inform trusted family members or friends about the situation for support
• Call National Domestic Violence Helpline 181 for immediate guidance
• Keep important documents like Aadhar card, bank details, and children’s documents ready

How the Police Behave in Such Cases

Police are legally bound to register FIR in domestic violence cases and cannot refuse filing complaint. They must arrest the accused if violence is ongoing or imminent threat exists. Protection Officer coordinates with police to ensure victim’s safety. However, some officers may initially try mediation approach suggesting family counseling. Police should provide immediate protection and connect victim with local support services without delay.

FAQs People Normally Have

Will filing case break the family? Legal action aims to stop violence, not break families. Courts often suggest counseling first.

What if mother refuses to cooperate? Family members can file complaint, but victim’s statement becomes crucial for conviction.

Can we get maintenance during case? Yes, interim maintenance can be claimed under DV Act during proceedings.

Will father go to jail immediately? Arrest depends on severity. Courts may grant bail with conditions to stay away from victim.

What Evidence Is Required?

• Medical certificates and hospital records showing injuries
• Photographs of physical injuries or damaged property
• Audio or video recordings of abusive behavior
• Witness statements from neighbors, relatives, or friends
• Written complaints or police station diary entries
• WhatsApp messages or emails showing threatening behavior
• Bank statements showing financial control or deprivation

How Long Will the Investigation Take?

Initial police investigation typically takes 30-60 days. Court proceedings under DV Act can extend 6-12 months for final orders. Criminal case investigation may take 6-18 months depending on evidence complexity. Protection orders are usually granted within few weeks of filing application. Emergency situations can get immediate police protection same day.

Advocate Sudhir Rao, Supreme Court of India