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.

Ms. X approached me regarding her abusive relationship with Mr. Y, her live-in partner of several years. Both were young adults who had been cohabiting. Mr. Y had a history of anger management issues and was undergoing medical treatment. Recently, after changing his medication, his violent outbursts had resumed, causing physical harm to Ms. X. The situation had escalated to the point where Ms. X feared for her safety on a daily basis. She was trapped in a cycle of abuse where periods of calm were followed by unpredictable violent episodes. Ms. X needed immediate legal protection and guidance on how to safely exit this dangerous situation while ensuring her rights were protected under Indian domestic violence laws.

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 abuse immediately with photographs, medical records, and witness statements. Create a safety plan including emergency contacts and a secure place to stay. Inform trusted friends or family members about your situation for support and emergency assistance.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 115 deals with voluntarily causing hurt, while Section 118 covers grievous hurt. Section 351 addresses criminal intimidation. The Domestic Violence Act, 2005 provides comprehensive protection. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 allows for protection orders. Section 35 of BNSS enables police to arrest without warrant in cognizable offenses involving domestic violence.

If You Are the Complainant

• File a complaint with the nearest police station immediately after any incident of violence
• Approach the Magistrate for protection orders under the Domestic Violence Act
• Get medical examination done and obtain medical reports as evidence
• Apply for residence orders if you need to secure your right to stay in the shared household
• Seek maintenance orders for financial support during legal proceedings

If You Are the Victim

• Prioritize your immediate safety and seek emergency medical attention if injured
• Contact domestic violence helplines for immediate support and counseling services
• Preserve evidence including photographs of injuries, damaged property, and threatening messages
• Inform your workplace about the situation to ensure safety measures at your employment location
• Consider temporary restraining orders to prevent the abuser from contacting or approaching you

How the Police Behave in Such Cases

Police are legally mandated to register FIR in domestic violence cases without delay. They must provide immediate protection and can arrest the accused without warrant if violence is ongoing. Officers typically conduct preliminary investigations, record victim statements, and coordinate with medical facilities for injury documentation. However, some officers may initially try mediation, which victims should firmly decline if seeking formal legal action.

FAQs People Normally Have

Can I file a case against my live-in partner? Yes, the Domestic Violence Act covers live-in relationships and provides equal protection.

Will I get maintenance during the case? Yes, courts can order interim maintenance for your sustenance during proceedings.

Can I stay in our shared home? Yes, you can apply for residence orders to secure your right to the shared household.

Is counseling mandatory before legal action? No, counseling is optional and you can directly approach courts for protection.

What Evidence Is Required?

• Medical reports and photographs of injuries sustained during violent incidents
• Hospital records, prescription receipts, and doctor statements regarding treatment
• Audio or video recordings of threatening behavior or violent episodes
• Screenshots of abusive text messages, emails, or social media communications
• Witness statements from neighbors, friends, or family members who observed the abuse
• Police complaints or previous FIRs filed regarding domestic violence incidents
• Damaged property photographs showing destruction caused during violent outbursts

How Long Will the Investigation Take?

Domestic violence investigations typically take 2-6 months depending on case complexity. Protection orders can be obtained within 3-7 days of application. Police investigation usually completes within 60-90 days as these are treated as priority cases. Final court hearings may extend 6-12 months, but interim orders provide immediate relief during this period.

Advocate Sudhir Rao, Supreme Court of India