Domestic Violence Across 24 Years — Legal Remedies for Wife and Children Under Indian Law

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.

TL;DR: A wife and two adult daughters in Nagpur endured 24 years of physical beatings, medical neglect, isolation, and verbal abuse from the husband/father. After local police refused to act, the victims approached the office of Advocate Sudhir Rao. A combined strategy under the Protection of Women from Domestic Violence Act, 2005 and the Bharatiya Nyaya Sanhita 2023 led to prompt protection orders, registration of an FIR, and the husband’s restraint. Victims can file both criminal and civil complaints even if years have passed, and multiple remedies — including residence rights and monetary relief — are available.

Sunita Sharma married Rajesh in 2001 in Nagpur. It didn’t take long for Rajesh to show his real nature. Postpartum after Sunita’s C-section, he struck her. Over the years, he slammed her against a car door, pushed her against walls, and spat on her plate. He isolated her from her family, controlled every rupee, and restricted groceries. When she was sick, he yelled instead of calling a doctor. The two daughters — Ananya and Ruhi — grew up watching their mother cry on the floor. He pulled their hair, refused dental care, and once said they belonged on the street begging. In early 2025, Ananya decided she’d had enough. She went to the local police station. The officer smirked and called it a “family matter.” Nothing happened. A few weeks later, the family approached the Chamber of Advocate Sudhir Rao. The office immediately saw the pattern: sustained physical cruelty, medical neglect, and coercive control spanning two decades. Advocate Sudhir Rao and his office crafted a dual-pronged approach: file a complaint under the Domestic Violence Act for immediate civil reliefs, and simultaneously move for an FIR under Bharatiya Nyaya Sanhita sections, including cruelty by a husband. Within days a protection order was secured. The husband was restrained from entering the shared household, and the police were forced to register the FIR. That specialised approach turned a dismissed “family dispute” into a legally recognised crime with concrete safeguards.

Key Facts of the Case

• Sunita Sharma married Rajesh in 2001; two daughters, Ananya and Ruhi (now 22 and 19).
• Repeated physical assault: hitting after childbirth, pushing against wall/car, pulling hair, slapping.
• Medical neglect: denied basic tests, undiagnosed conditions, no dental care for daughters.
• Isolation from relatives and friends; prevented from leaving house for 3–4 years at a stretch.
• Financial abuse: no allowance, hidden income, control over household expenses, gold jewellery seized.
• Daughters also subjected to beatings, threats of abandonment, and denial of education during COVID.
• Local police station in Nagpur initially refused to act, labelling it a private family matter.

The Direct Legal Answer

Three victims can act — and they don’t need the mother’s consent if they are adults. The law provides overlapping remedies.

Can the daughters file an FIR even if the mother is unwilling?

Yes. Adult daughters are independent complainants. They can approach the police or the Magistrate directly. The mother’s hesitation does not bar the complaint. In fact, courts view children’s testimonies as powerful corroboration.

What if the police refuse to register an FIR?

You can send a written complaint to the Superintendent of Police under Section 173(4) BNSS. If that doesn’t work, file a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order investigation as an FIR. The Supreme Court in Lalita Kumari v. Government of UP (2014) made registration of FIR mandatory for cognizable offences. Inaction can be escalated.

Which law stops the father from throwing them out of the house?

The Protection of Women from Domestic Violence Act, 2005. Section 17 gives every woman in a domestic relationship the right to reside in the shared household. Section 18 permits the Magistrate to pass protection orders, barring the abuser from entering the home or communicating with the victims. Even without divorce, a wife and daughters can secure the house.

Can they get money and medical expenses covered?

Yes. Section 20 of the D.V. Act empowers the court to order monetary relief, including maintenance, medical costs, and compensation for lost earnings. The husband can be directed to pay a lump sum or monthly amounts. Failure to pay is enforceable like a civil decree.

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.

Preserve every scrap of evidence. Photographs, voice recordings, WhatsApp messages, medical reports — collect them now, before they vanish. Many women lose because they delete things out of fear.

Don’t wait for the “final” blow. The law doesn’t require a broken bone. Verbal threats, economic control, and constant humiliation count. And here’s the thing: domestic violence cases demand an advocate who handles them day in, day out. The procedural maze — from filing a complaint under D.V. Act to drafting an FIR that sticks — is territory a general practitioner may stumble on. Specialised counsel knows which sections to invoke and how to prevent the police from burying the file.

Applicable Sections of Law

• Section 85 BNS — cruelty by husband or relative of husband against a married woman. This is the principal criminal provision for sustained mental and physical torture.
• Section 115(2) BNS — voluntarily causing hurt; applicable for slapping, pushing, hair-pulling.
• Section 351 BNS — criminal intimidation; threats to stamp or throw out of the house.
• Protection of Women from Domestic Violence Act, 2005 — Sections 12 (complaint), 17 (right to reside), 18 (protection orders), 20 (monetary relief), 22 (compensation).

Punishment and Penalties

For cruelty under Section 85 BNS, the punishment is imprisonment up to three years and fine. The offence is cognizable (police can arrest without warrant), non-bailable, and compoundable only with the court’s permission. Hurt under Section 115(2) carries up to one year or fine or both, and criminal intimidation under Section 351 can mean imprisonment up to two years or fine if it’s a threat to cause death or grievous hurt. Under the D.V. Act, breach of a protection order is a criminal offence with imprisonment up to one year and fine.

Jurisdiction — Where to File the Case

The wife and daughters can file a complaint with the police station within whose jurisdiction the violence occurred or where they currently reside. Under Section 27 of the D.V. Act, a woman may file an application before the Magistrate in the local area where she temporarily or permanently resides, or where the cause of action arose. So even if they moved to a new city to escape, they can file there. For the FIR, territorial jurisdiction of the police station is where any part of the offence took place. The Magistrate’s court of that area will try the case.

What if Police Refuse to File FIR?

• Send a written complaint by registered post to the Superintendent of Police of the district. Under Section 173(4) BNSS, the SP must investigate or direct a subordinate to do so.
• If the SP also fails, approach the Judicial Magistrate under Section 175(3) BNSS with a private complaint. The Magistrate can order the police to register an FIR and investigate.
• In extreme cases, a writ petition under Article 226 of the Constitution can be filed before the High Court seeking direction to the police.
• Always keep proof of delivery and a copy of the complaint with acknowledgment.

Rights of the Accused

The husband, if arrested, retains fundamental rights, but for the victims, understanding these helps anticipate strategy.

• Right against self-incrimination under Article 20(3) — he cannot be forced to confess.
• Right to be informed of the grounds of arrest and to consult a legal practitioner of his choice (Article 22).
• Right to be produced before a Magistrate within 24 hours of arrest.
• Right to obtain a copy of the FIR and all documents relied upon by the prosecution.
• He can apply for bail or anticipatory bail under Section 482 BNSS, but in non-bailable cruelty cases, bail is not automatic.

Bail Provisions

Offence under Section 85 BNS is non-bailable. The husband cannot demand bail as a right. He must apply to the court, which will consider the nature of abuse, threat to victims, and risk of tampering. Anticipatory bail under Section 482 BNSS can be sought before arrest. If granted, it often comes with conditions: no contact with complainants, surrender of passport, and cooperation with investigation. Regular bail under Section 480 BNSS after arrest follows similar scrutiny. Courts are increasingly reluctant to grant easy bail when there is a history of long-term domestic violence and medical evidence.

Quashing of FIR / Case

The husband may attempt to quash the FIR under Section 528 BNSS, invoking the High Court’s inherent powers. Quashing is not a shortcut. It succeeds only if the FIR reveals no prima facie offence, or the prosecution is an abuse of process. In domestic cruelty cases, courts often refuse to quash early, because the evidence lies in testimony and medical records. If the offence is compoundable (with permission under 85 BNS), a genuine compromise supported by the victims and court’s satisfaction about free consent can lead to quashing, but that is a deliberate, monitored process, not a backroom deal.

If You Are the Victim

• Don’t delay. Speaking out after 24 years isn’t a weakness — it’s the law’s fault, not yours.
• Keep a hidden folder of proof: photos, call recordings, prescriptions. Someone outside the house you trust should keep copies.
• Know your helplines: 1091 (women’s helpline) and 112 (emergency). But a written complaint to a senior officer is more lasting.
• Don’t meet the abuser alone after you file. Let your advocate handle all communication.
• Document everything — even small incidents. A diary with dates and time is admissible as evidence of “conduct”.

Documents You Must Keep Ready

• Identity proofs (Aadhaar, PAN) of all victims.
• Marriage certificate or proof of relationship.
• Medical records, prescriptions, and bills showing neglect or injuries.
• Photographs of injuries, damaged property, or living conditions (no geyser, no food).
• Written complaints made earlier to any authority, with proof of sending.
• Audio/video recordings of threats or beatings (screen-record WhatsApp calls if possible).
• Bank statements showing financial control or denial of funds.
• Any letters or messages where the husband admits to the abuse or threatens.

What Evidence Is Required?

• Oral testimony of the wife and daughters — their statements are primary evidence.
• Medical examination report documenting injuries or long-term untreated illness.
• Call recordings and screenshots of threatening messages (digital evidence under Section 63 of the BSA).
• Neighbour or relative as witness who saw marks or heard cries.
• Certificate under Section 65B of the Indian Evidence Act (now Section 63 BSA) for electronic records, though not mandatory at filing stage.
• School absence records showing denial of education, or reports reflecting neglected appearance.
• Photographs of the household showing no basic amenities; this corroborates economic abuse.

How the Police Behave in Such Cases

Let’s be blunt. Many station houses still treat domestic violence as a “women’s complaint” — something to be pacified, not prosecuted. Officers may ask the wife to “adjust,” or pressure daughters to withdraw. That’s why walking in with a detailed written complaint and a lawyer’s presence changes the equation. In cities, special women’s cells and protection officers exist, but the initial hurdle is often conviction: you must insist on a diary number (G.D. entry) and an FIR number. Knowing the law — citing cognizable and non-bailable sections — makes them listen.

Timeline of Legal Process

• Day 1–3: Filing complaint with police or Magistrate; D.V. Act application can be moved simultaneously.
• Week 1: Magistrate may issue notice and set a date for hearing on interim relief under D.V. Act; protection order can be passed ex-parte.
• 2–4 weeks: Police investigation; recording of statements; if FIR registered, arrest may follow or bail applications.
• 2–3 months: Filing of chargesheet under BNSS; cognizance by Magistrate.
• Next 6–12 months: Framing of charges, prosecution evidence, cross-examination — this is the trial’s meat.
• 1–2 years: Judgment in criminal case. D.V. Act civil reliefs may be implemented earlier.

How Long Will the Investigation Take?

For cognizable offences like cruelty, the police are expected to complete investigation and file a chargesheet within 60–90 days. If the accused is in custody, the 60-day/90-day rule for default bail applies. However, practical delays are common. Monitoring by the victim’s advocate — filing reminders and RTI queries — can keep the investigation on track.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Mediation and conciliation are available under the D.V. Act, but the Act also empowers the court to reject settlement if it finds the woman wasn’t acting freely. So a coerced patch-up won’t stand. In criminal proceedings, cruelty under Section 85 BNS is compoundable with the permission of the court. If the wife genuinely wishes to settle — perhaps for daughters’ education or long-term security — the court can record a compromise and quash. But a settlement doesn’t erase medical neglect or physical scars. Any compromise must include safeguards against future violence. Lok Adalats handle pre-litigation disputes, but given the criminal nature, the criminal court remains the primary forum.

Common Mistakes People Make

• Waiting too long, assuming no proof exists. The law doesn’t require recent violence; 24 years of cruelty is worse, not weaker.
• Destroying evidence because of shame. That phone recording you deleted? That’s gold lost.
• Speak to the abuser or his family without your lawyer. They’ll twist words. Let the advocate handle every exchange.
• Posting about the case on social media before filing. This can backfire spectacularly, giving the other side material to cry false implication.
• Filing only a D.V. complaint and not an FIR. Parallel criminal action creates pressure and stops police from calling it “civil.”
• Engaging an advocate who doesn’t regularly handle domestic violence work. Non-specialists often miss that a D.V. Act case can include an interim residence order, or that a well-drafted FIR under BNS 85 changes the bail landscape. Domain experience means the difference between a dismissed application and protection by the next evening.

FAQs People Normally Have

Will the daughters be forced to testify in court?

Yes, they will be witnesses. But the court can allow them to testify via video conferencing if they fear the presence of the accused. The D.V. Act permits camera proceedings.

Can the husband get custody of the younger daughter?

If the younger daughter is 19, she’s an adult. There’s no custody question. Even for a minor, a court wouldn’t give custody to an abusive father against her wishes.

What if the mother still doesn’t want to file?

The adult daughters can proceed independently. Their statements are sufficient to initiate both criminal and civil action. The mother can join later as a respondent to the D.V. complaint.

Does 24 years of marriage affect the right to maintenance?

No. The duration of marriage doesn’t extinguish the right to claim maintenance or protection. If anything, it strengthens the claim for long-term monetary relief.

Can they get an order stopping the husband from selling the house?

Yes. Under Section 19 of the D.V. Act, the court can restrain the husband from dispossessing the wife and daughters or alienating the shared household. An injunction under Order 39 Rule 1 CPC can also be sought in a civil suit.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.