If you are stuck in such a situation, here is what to do.

A young man named Alok, who is preparing for competitive exams in the city of Prayag, finds himself in a deeply troubling family situation. He lives with his father, Mr. Verma, his mother, Mrs. Verma, and his teenage sister. The family has been grappling with years of marital discord, which often includes verbal abuse, emotional turmoil, and instances of physical violence perpetrated by Mr. Verma. He has also issued serious threats against Mrs. Verma’s life, particularly during fits of anger.

The situation recently reached a critical point over a minor disagreement concerning a relative’s social media activity. The argument escalated, leading to Mr. Verma ordering his wife, Mrs. Verma, to leave the family home immediately. Alok intervened to protect his mother, insisting she could not be thrown out without her belongings. This led to Mr. Verma verbally attacking Alok and declaring that he would cease all financial support for his wife and children. As Alok is still a student and his sister is in her final year of school, the family is financially dependent on Mr. Verma. Alok is extremely concerned that his father will act on his threats, potentially harming his mother, evicting them from their home, or cutting off all financial support.

Advice in such cases

• Document Everything: Maintain a detailed record or diary of all abusive incidents. Note the date, time, nature of the abuse (verbal, physical, emotional, financial), and any witnesses present. This documentation can be crucial evidence later.
• Secure Important Documents: Gather and secure important personal and financial documents for your mother, yourself, and your sister. This includes birth certificates, educational certificates, identity cards (Aadhaar, PAN), bank account details, and any property-related documents.
• Open a Separate Bank Account: It is advisable for the mother to have a separate bank account in her own name to secure any personal funds and to have a channel for receiving maintenance if ordered by a court.
• Build a Support Network: Confide in trusted friends or family members who can provide emotional and, if necessary, logistical support. Having a safe place to go in an emergency is vital.
• 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 of 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.

Applicable Sections of Law

Several laws in India provide protection in such situations:

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a comprehensive civil law that provides protection against physical, emotional, verbal, sexual, and economic abuse. A victim can seek protection orders, residence orders (the right to live in the shared household), monetary relief, and custody orders.
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section (formerly Section 125 of the CrPC) provides for the maintenance of wives, children, and parents. A wife who is unable to maintain herself can claim financial support from her husband.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with criminal intimidation. If a person threatens another with injury to their person, reputation, or property, it constitutes a criminal offense. Threats to kill are a serious form of criminal intimidation.
• Sections for Hurt and Assault under BNS: Any instance of physical violence can be prosecuted under the relevant sections of the BNS, such as Section 115 (Hurt) or Section 116 (Grievous Hurt).

If you are the complainant

• 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 of 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.
• File a Police Complaint: You can approach the nearest police station to file a First Information Report (FIR) if a cognizable criminal offense like physical assault or criminal intimidation has occurred.
• File a Domestic Violence (DV) Case: The mother can file a complaint under the PWDVA before a Magistrate. This is often the most effective route as it allows the court to pass several orders for immediate relief, including preventing the abuser from committing further violence and ensuring she is not evicted from her home.
• Seek Interim Relief: When filing a DV case or a maintenance case, your lawyer can apply for interim orders for protection and maintenance, which provide immediate financial support and safety while the case is ongoing.

If you are the victim

• Understand Your Rights: As a wife, you have the right to live in the “shared household,” regardless of whose name the property is in. You cannot be legally thrown out without due process of law.
• Seek Immediate Protection: If you are in immediate danger, you can call the police helpline. The police are obligated to help and can register a complaint.
• 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 of 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.
• Assert Your Right to Monetary Relief: Under the PWDVA, you can claim monetary relief to meet expenses incurred and losses suffered as a result of domestic violence. This is in addition to maintenance under Section 144 of the BNSS.

How the police behave in such cases

The response from the police can vary. In some cases, they may act promptly, especially if there is evidence of physical injury or credible threats. However, often police may treat it as a “family matter” and attempt to counsel or mediate between the parties. It is important to be firm and insist on your right to file an FIR if a crime has been committed. Having a lawyer accompany you to the police station can ensure that the complaint is taken seriously and registered correctly.

FAQs people normally have

What evidence is required?

The more evidence you have, the stronger your case will be. Useful evidence includes:

• Photographs or videos of injuries or property damage.
• Medical reports detailing injuries from physical abuse.
• Audio or video recordings of threats or verbal abuse.
• Text messages, emails, or social media messages containing threats or abuse.
• Testimony from witnesses (such as children, neighbors, or other family members).
• The detailed diary of incidents you maintained.

How long will the investigation take?

The duration of a legal case in India can be unpredictable. A case under the PWDVA is intended to be fast-tracked, with the law stipulating that the court should try to dispose of the case within 60 days from the first hearing. However, due to procedural delays and court backlogs, it can take longer. Criminal investigations also have their own timeline, which depends on the complexity of the case and the efficiency of the investigating agency. An experienced lawyer can help navigate the process and push for a speedier resolution.

Advocate Sudhir Rao, Supreme Court of India