Domestic Violence, Financial Threats and Education Sabotage: Legal Remedies 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.

Rohan Iyer was 17 years old, living in Nagpur with his mother, Kavita Iyer, and his 13-year-old sister. His father, Dinesh Iyer, had been openly having an extramarital affair since early 2020. Dinesh didn't bother concealing it — he took video calls with the other woman at the dinner table, in full view of the children. When Kavita confronted him, Dinesh turned violent. Over several years, he verbally abused her, struck her, and on one occasion choked her in front of Rohan. Kavita had no independent income. She stayed, quietly absorbing the abuse, because she believed she had to hold on until Rohan left for his university in Canada — a place he had already secured admission to by March 2025.

The situation broke open in mid-April 2025. Dinesh's girlfriend contacted Kavita directly. When Dinesh discovered this, he destroyed Kavita's SIM card and spent hours screaming at her. He then weaponised Rohan's education, threatening to withdraw financial support for the university fees and visa process entirely, using it as a pressure point to keep Kavita compliant. Kavita began saying she would accept anything as long as Rohan got out. Rohan, devastated, reached out for help.

A relative connected them to Advocate Sudhir Rao. A family friend had earlier approached a local general practitioner with no background in domestic violence and matrimonial law, and the advice received had been vague — essentially, "wait and see." Frankly, that's the worst thing you can tell someone in this situation. When the matter came to Advocate Sudhir Rao, a structured approach was taken immediately: an urgent protection order application under the Protection of Women from Domestic Violence Act, 2005, a residence order securing Kavita's right to remain in the shared home, and a maintenance application to address her financial dependence. Simultaneously, steps were taken to document the abuse and preserve evidence of Dinesh's threats regarding Rohan's education. Within weeks, an interim protection order was granted, and Dinesh's ability to unilaterally cut off household finances was legally challenged. The family's immediate safety and Rohan's educational future were both addressed within the same legal framework.

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 everything immediately: Before anything else, start preserving evidence. Screenshots of abusive messages, photographs of injuries, audio or video recordings made in lawful circumstances, and written accounts with dates and descriptions all become critical once proceedings begin. Don't wait for a "big incident" to start collecting this. That moment may never feel big enough until it's too late.

Approach a protection officer: Every district has a Protection Officer appointed under the Protection of Women from Domestic Violence Act, 2005. A victim can approach this officer directly, without going to court first. The officer is required to assist in filing a Domestic Incident Report and connecting the victim to shelter homes and medical facilities if needed. And here's the thing — most victims don't even know this officer exists.

Secure independent finances where possible: Financial abuse is one of the most underestimated forms of domestic violence. If the victim has any access to a joint account, documents relating to shared assets, or property papers, these should be preserved and, where legally permissible, secured early. An advocate can advise on what steps are lawful.

Cases involving domestic violence combined with financial control and threats against children's welfare sit at the intersection of criminal law, matrimonial law, and civil remedies. A general practitioner without specific experience in this area won't know how to deploy all three simultaneously. An advocate who regularly handles these matters will typically know which interim relief to seek first, what evidence a magistrate will want, and how to prevent further financial coercion while proceedings are pending.

Applicable Sections of Law

• Section 115 BNS (Voluntarily causing hurt): Physical assault including beating and choking by the husband constitutes a cognizable criminal offence under this provision.
• Section 85 BNS (Cruelty by husband or relatives): Sustained verbal, physical, and mental cruelty, including threats and financial coercion directed at the wife, falls squarely under this section.
• Protection of Women from Domestic Violence Act, 2005 (Sections 12, 17, 18, 19, 20, 23): This statute provides protection orders, residence orders, monetary relief, and custody orders in a civil-criminal hybrid framework — all on an urgent interim basis.
• Section 144 BNSS: In situations of imminent danger, a Magistrate can pass emergency orders to prevent apprehended harm, which can be used when the threat of violence is immediate.

Punishment and Penalties

• Section 115 BNS (Voluntarily causing hurt): Imprisonment up to one year, or fine up to Rs. 10,000, or both.
• Section 85 BNS (Cruelty by husband or relatives): Imprisonment up to three years and liability to fine. This is a cognizable and non-bailable offence.
• Cognizable: Police can arrest without a warrant under Section 85 BNS.
• Non-bailable: Bail is not a matter of right; it must be applied for before a Magistrate or Sessions Court.
• Non-compoundable: Section 85 BNS offences cannot be privately settled between the parties — the state continues prosecution regardless of any compromise between husband and wife.

Jurisdiction — Where to File the Case

For criminal complaints under Section 85 BNS and Section 115 BNS, the FIR must be lodged at the police station with territorial jurisdiction over the place where the acts of violence occurred — in this case, the family residence. For applications under the Domestic Violence Act, 2005, the victim may approach the Judicial Magistrate First Class (JMFC) or the Metropolitan Magistrate having jurisdiction over the area where the victim resides, the respondent resides, or where the act of domestic violence occurred. This flexibility is deliberate. It protects victims who may have fled their home. Now, before you act, understand that jurisdiction matters because filing in the wrong forum can delay urgent interim relief significantly.

What if Police Refuse to File FIR?

Refusal to register an FIR in a cognizable matter is itself unlawful, as held in Lalita Kumari v. Government of Uttar Pradesh, 2014, where the Supreme Court made registration of FIR mandatory in cognizable offences. If police still refuse, here is what to do:

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, requesting registration of the FIR.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS — the Magistrate can take cognizance and direct the police to investigate.
• File a writ petition before the jurisdictional High Court under Article 226 of the Constitution compelling the police to register the FIR and investigate.
• Preserve all written proof of your attempts to report — date-stamped written complaints, postal receipts, acknowledgment slips — as these become evidence of police inaction.

Rights of the Accused

Even in a case as serious as this, the law guarantees certain rights to the accused. These should be understood clearly:

• Right against self-incrimination: Under Article 20(3) of the Constitution, no person can be compelled to be a witness against himself. The accused is not obliged to answer questions that incriminate him.
• Right to legal representation: Article 22 guarantees the right to consult an advocate of one's choice immediately upon arrest.
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time, under Article 22(2) and Section 57 BNSS.
• Right to a copy of the FIR and the right to know the specific grounds of arrest at the time of arrest.
• Any violation of these rights can be challenged and can affect the admissibility of evidence or the validity of the arrest itself.

Bail Provisions

Section 85 BNS (cruelty) is non-bailable, meaning the accused has no automatic right to bail at the police station. Bail must be sought before a Magistrate or Sessions Court.

• Regular bail: Can be applied under Section 480 BNSS before the Magistrate after arrest, or under Section 483 BNSS before the Sessions Court.
• Anticipatory bail: If the accused apprehends arrest, an application can be filed under Section 482 BNSS before the Sessions Court or High Court. Courts will typically impose conditions such as not tampering with witnesses, not contacting the victim, and surrendering the passport.
• In domestic violence cases, courts routinely impose a condition prohibiting the accused from entering the matrimonial home while bail is in force — this works in the victim's favour.
• The victim has the right to be heard during bail proceedings under the Domestic Violence Act framework.

Quashing of FIR / Case

The accused may attempt to get the FIR quashed by approaching the High Court under Section 528 BNSS, which preserves the High Court's inherent powers. But quashing in a Section 85 BNS matter is not easy. Courts will examine whether a prima facie case is made out. As held in State of Haryana v. Bhajan Lal, 1992, quashing is appropriate only in narrow categories — where there is no cognizable offence disclosed, or where the proceedings amount to an abuse of process. Since Section 85 is non-compoundable, a compromise between husband and wife alone won't automatically lead to quashing. The High Court must still be satisfied that quashing serves the ends of justice. The victim should be prepared to oppose any such application effectively.

If You Are the Victim

• Reach a safe location first — a trusted relative's home, or if necessary a shelter — before initiating legal proceedings, if the threat of immediate violence is high.
• Call 112 for emergency police assistance. For domestic violence specifically, the Women Helpline number 181 connects you to support services in most states.
• Contact the Protection Officer of your district — this is the fastest way to get a Domestic Incident Report filed and a case initiated under the DV Act without going directly to court.
• Don't hand over original documents — passport, property papers, educational records — to the abusive spouse under any pressure. Keep copies in a secure location outside the home.
• If a child's passport or travel documents are being withheld or threatened, an advocate can approach the court for a specific order directing their release, and can coordinate with the passport authority if needed.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the victim and children
• Photographs and videos documenting injuries or incidents of violence (with date and time metadata wherever possible)
• Medical reports from any hospital or doctor visited after incidents of physical abuse
• Screenshots of abusive, threatening, or controlling messages and call logs
• Bank account statements showing the victim's financial dependence and the spouse's income
• Proof of the children's admission to educational institutions, including university offer letters and visa application documents
• Proof of shared residence — rent agreement, utility bills, or property documents
• Written account of incidents with approximate dates, descriptions, and names of any witnesses

What Evidence Is Required?

• Medical evidence: Hospital records, doctor's notes, and injury photographs are primary evidence of physical violence and carry significant weight before a Magistrate.
• Electronic evidence: Recorded calls, WhatsApp messages, screenshots of threatening texts — all admissible under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, provided they can be authenticated.
• Witness testimony: Statements from children (recorded sensitively), neighbours, or relatives who witnessed incidents constitute important secondary evidence.
• Domestic Incident Report: Once filed through a Protection Officer, it creates an official record and is itself admissible before the Magistrate.
• Financial documents: Bank statements, salary slips, and property records establish the financial abuse and the victim's dependence — relevant for maintenance and monetary relief claims.
• The Domestic Incident Report and medical records together form the strongest foundational case. Don't overlook either.

How the Police Behave in Such Cases

Make no mistake — police response in domestic violence matters is inconsistent across districts. Some officers treat it as a "family matter" and actively try to mediate or discourage the victim from filing a formal complaint. This is unlawful, as confirmed in Lalita Kumari v. Government of Uttar Pradesh, 2014, but it happens. Expect delays, questioning of the victim's conduct, and occasional pressure to reconcile. And here's the thing — you won't always get a sympathetic ear at the front desk, regardless of what the law says. At the same time, post-2005, most police stations have a designated Women's Cell or at least a woman constable for initial statements. Having your advocate present during the FIR process, or having a written complaint in hand when you arrive, significantly reduces informal pressure from officers to drop the matter.

Advocate Sudhir Rao, Supreme Court of India