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 approached me regarding his sister Mrs.Y who had been suffering from domestic violence for nearly ten years. Mrs.Y was married to Mr.Z from a conservative family in City A. The marriage, which took place when she was young, has produced three children. Over the years, Mrs.Y has been subjected to continuous physical and mental abuse by her husband and in-laws. The husband frequently threatens her with divorce while simultaneously inflicting psychological torture. The family’s conservative mindset has created an environment where Mrs.Y feels trapped and helpless. Her brother Mr.X, who was only fourteen during her marriage, now seeks legal intervention to protect his sister and her children from this abusive situation.

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 with dates, times, and witnesses
• Seek immediate medical attention for any physical injuries and preserve medical records
• Contact women’s helpline numbers for immediate support and counseling
• Secure financial documents and important papers in a safe location

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to domestic violence cases. Section 85 deals with assault causing hurt, while Section 86 covers voluntarily causing grievous hurt. Section 351 addresses criminal intimidation, which covers threats of divorce used as psychological abuse. Section 74 punishes assault or criminal force against women with intent to outrage modesty. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural framework for filing complaints and securing protection orders. Additionally, the Protection of Women from Domestic Violence Act, 2005 offers comprehensive civil remedies including protection orders, residence orders, and monetary relief.

If You Are the Complainant

• File a complaint under the Domestic Violence Act at the nearest magistrate court or police station
• Apply for a protection order to prevent further abuse and threats
• Seek residence order if you need to remain in the matrimonial home
• Request monetary relief for maintenance and medical expenses
• Gather evidence including medical reports, photographs of injuries, and witness statements

If You Are the Victim

• Reach out to trusted family members or friends who can provide immediate support and shelter
• Contact local women’s organizations or NGOs that specialize in domestic violence cases
• Keep emergency numbers readily available and inform neighbors you trust about your situation
• Create a safety plan including escape routes and safe places to go during emergencies
• Never hesitate to call emergency services if you feel your life is in immediate danger

How the Police Behave in Such Cases

Police are mandated under BNSS to register complaints of domestic violence immediately without any preliminary inquiry. They must provide the victim with information about legal rights and available remedies. Police should arrange for medical examination if required and ensure the victim’s safety. However, in practice, some officers may initially try mediation or suggest family counseling. It’s important to insist on formal complaint registration and demand a copy of the FIR for your records.

FAQs People Normally Have

Can I file a case without leaving my matrimonial home? Yes, you can file for protection under the Domestic Violence Act while continuing to live in the matrimonial home.

Will my children be affected by legal proceedings? The court prioritizes children’s welfare and may grant custody to the mother if the father is abusive.

Can in-laws be included in the complaint? Yes, domestic violence complaints can include in-laws and other family members who participate in abuse.

How quickly can I get protection orders? Emergency protection orders can be granted within days of filing the application.

What Evidence Is Required?

• Medical reports and photographs documenting physical injuries
• Audio or video recordings of threats and abusive incidents
• Written threats via messages, emails, or letters
• Witness statements from neighbors, friends, or family members
• Bank statements showing financial control or deprivation
• Police complaint copies from previous incidents
• Counseling or therapy records if available

How Long Will the Investigation Take?

Domestic violence cases under BNSS typically take 3-6 months for initial investigation completion. Protection orders can be granted within 3-7 days of application. The overall legal process, including trial, may extend from 1-3 years depending on case complexity and court schedules. However, interim relief measures like protection orders, maintenance, and residence orders provide immediate relief while the case proceeds through the legal system.

Advocate Sudhir Rao, Supreme Court of India