Mother Facing Harassment and Domestic Violence from Husband and In-Laws – Legal Remedies and Steps to Take

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: If you or your mother are facing physical abuse, threats, and harassment from your father and his relatives, Indian law provides strong protection. You can file a complaint under the Domestic Violence Act, 2005 for protection orders, residence rights, and maintenance. Criminal complaints for assault, threats, and hurt can be filed under the Bharatiya Nyaya Sanhita (BNS), 2023. The police are bound to register an FIR for cognizable offences like physical assault. You can also seek help from a Protection Officer or file a direct complaint before a Magistrate. Act quickly — delay can harm the case.

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: If you or your mother are facing physical abuse, threats, and harassment from your father and his relatives, Indian law provides strong protection. You can file a complaint under the Domestic Violence Act, 2005 for protection orders, residence rights, and maintenance. Criminal complaints for assault, threats, and hurt can be filed under the Bharatiya Nyaya Sanhita (BNS), 2023. The police are bound to register an FIR for cognizable offences like physical assault. You can also seek help from a Protection Officer or file a direct complaint before a Magistrate. Act quickly — delay can harm the case.

A 24-year-old engineering student from Pune, whom we'll call Arjun, approached the Chamber of Advocate Sudhir Rao with a heavy heart. He and his mother, Kavita, had been living under constant fear and harassment from his father, Rohan, and his paternal relatives — especially his grandfather and two aunts. The abuse was not new. It had been going on for years, escalating from verbal insults to physical violence. Kavita had lost her father young and was married off early, leaving her with no support system. Rohan provided only the barest essentials — food — while ignoring clothing, medical needs, and basic dignity. The breaking point came when Kavita was attacked with a sharp object by the grandfather in front of young Arjun, a memory that haunted him. Rohan had physically assaulted Kavita multiple times. Once, when Arjun tried to record an incident, his father grabbed him by the neck, and the recording stopped mid-scene. Arjun felt helpless — he was not strong enough to physically stop his father, and the family was completely dependent on him for shelter. After several failed attempts by well-meaning relatives to mediate, Arjun decided to seek professional legal help. He found that general advice from friends and local counselors offered no real solution. The office of Advocate Sudhir Rao took up the matter, leveraging domain-specific expertise in domestic violence and criminal law. A complaint under the Protection of Women from Domestic Violence Act, 2005 was filed before the Magistrate at Pune, seeking protection orders, the right to reside in the shared household, and monthly maintenance. Simultaneously, an FIR was registered under Section 118 BNS (voluntarily causing hurt) and Section 126 BNS (wrongful restraint). The court granted an interim protection order within weeks, restraining Rohan and his relatives from committing any further acts of violence or harassment. The specialized handling ensured the case was prioritized, and the client's mother was able to relocate to a safe shelter with court-ordered financial support. The matter is now progressing towards final relief.

Key Facts of the Case

• The mother, Kavita, faced continuous physical and mental harassment from her husband, Rohan, and his relatives — including an attempted attack with a sharp object by the grandfather.
• The son, Arjun, was also physically assaulted when he tried to document the abuse; the father grabbed him by the neck.
• The family was completely financially dependent on the father, making it difficult to leave the abusive household.
• Earlier attempts at family mediation and counseling had failed to stop the violence.
• A complaint was filed under the Protection of Women from Domestic Violence Act, 2005 (DV Act) seeking protection orders, residence rights, and maintenance.
• An FIR was also registered under Section 118 BNS (voluntarily causing hurt) and Section 126 BNS (wrongful restraint) for the physical assaults.
• The court granted an interim protection order, restraining the father and relatives from further violence, and ordered maintenance.
• The client's mother was able to safely move to a shelter with court-ordered financial support.

The Direct Legal Answer

What immediate legal action can be taken for my mother?

You can file a complaint under the Protection of Women from Domestic Violence Act, 2005 (DV Act) before the Magistrate. This law allows you to seek a protection order that restrains your father and relatives from committing any act of domestic violence. You can also seek a residence order, which gives your mother the right to stay in the shared household — she cannot be thrown out. Additionally, you can claim monthly maintenance for her and yourself, as well as compensation for the abuse suffered. The DV Act covers physical, emotional, sexual, and economic abuse.

Can we file a criminal case for the physical assault?

Yes. The physical assaults by your father and grandfather constitute criminal offences under the Bharatiya Nyaya Sanhita (BNS), 2023. You can file an FIR at the local police station for offences like voluntarily causing hurt (Section 118 BNS), criminal intimidation (Section 351 BNS), and wrongful restraint (Section 126 BNS). The police are duty-bound to register the FIR if these are cognizable offences. If the police refuse, you can approach the Superintendent of Police under Section 173(4) BNSS or file a private complaint before a Magistrate under Section 175(3) BNSS.

What can we do about the constant mental harassment from relatives?

Mental harassment is classified as "emotional abuse" under the DV Act. You can include complaints about the grandfather and aunts in the same DV Act petition. Additionally, if they make threats, you can file a criminal complaint for criminal intimidation under Section 351 BNS. You may also apply for a restraining order against them.

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.

Start documenting everything. Keep a diary of each incident: dates, times, what was said or done, and any witnesses. Save any voice recordings, videos, or messages — even partial ones — as evidence. If you can, secretly record threats (though be aware of legal limits on recording conversations). Also collect medical reports from any hospital visits after an assault. These will strengthen your case immensely.

Do not try to handle this alone. This type of case requires an advocate who regularly handles domestic violence and criminal matters. The procedural strategies — like filing the right application for interim relief, preserving evidence, and handling cross-examination — are nuanced. A general practitioner may miss critical steps that could weaken your case. Domain-specific experience directly impacts the speed and quality of the outcome.

Applicable Sections of Law

The primary statute is the Protection of Women from Domestic Violence Act, 2005 (DV Act). Key sections include: Section 12 (application to Magistrate for relief), Section 18 (protection orders), Section 19 (residence orders), Section 20 (monetary relief), and Section 31 (penalty for breach of protection order — up to one year imprisonment or fine).

Under the Bharatiya Nyaya Sanhita (BNS), 2023: Section 118 (voluntarily causing hurt — up to 1 year imprisonment or fine), Section 351 (criminal intimidation — up to 2 years imprisonment or fine), and Section 126 (wrongful restraint — up to 1 month imprisonment or fine). Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Section 173(4) (complaint to SP if FIR not registered) and Section 175(3) (private complaint before Magistrate).

Punishment and Penalties

For the criminal offences under BNS:

• Voluntarily causing hurt (Section 118 BNS): Imprisonment up to 1 year, or fine up to ₹5,000, or both. Cognizable. Bailable. Compoundable.
• Wrongful restraint (Section 126 BNS): Imprisonment up to 1 month, or fine up to ₹1,000, or both. Cognizable. Bailable. Non-compoundable.
• Criminal intimidation (Section 351 BNS): Imprisonment up to 2 years, or fine, or both. Cognizable. Bailable. Non-compoundable.
• Breach of protection order (Section 31 DV Act): Imprisonment up to 1 year, or fine up to ₹20,000, or both. Cognizable. Bailable. Non-compoundable.

Jurisdiction — Where to File the Case

For the DV Act complaint, you need to approach the Magistrate Court in the jurisdiction where you and your mother reside, or where the domestic violence occurred. The Magistrate has the power to grant protection orders, residence orders, and maintenance. For the criminal FIR, go to the police station with territorial jurisdiction over the place where the assault or harassment took place. Jurisdiction is critical — filing in the wrong court can delay relief significantly. The court also needs territorial jurisdiction over the shared household.

What if Police Refuse to File FIR?

Police sometimes refuse to register an FIR in domestic violence cases, claiming it's a "family matter." Here is what to do:

• Approach the Superintendent of Police (SP): You can file a written complaint with the SP under Section 173(4) BNSS, who can direct the SHO to register the FIR.
• File a private complaint under Section 175(3) BNSS: Go directly to the Magistrate with your complaint and ask the court to direct the police to investigate.
• Writ petition in High Court: As a last resort, if the police remain inactive, you can file a writ of mandamus in the High Court to compel them to register the FIR.
• Use the DV Act route: The DV Act complaint does not require an FIR — you can go directly to the Magistrate, which may be faster in some cases.

Rights of the Accused

Even in cases of serious abuse, the accused have certain legal rights under the Constitution:

• Right to remain silent (Article 20(3)): The accused cannot be compelled to be a witness against themselves.
• Right to legal representation (Article 22): The accused has the right to consult and be defended by a lawyer of their choice.
• Right to be produced before a Magistrate within 24 hours: After arrest, the accused must be produced before a Magistrate within 24 hours, excluding travel time.
• Right to know grounds of arrest: The accused must be informed of the grounds of arrest at the time of arrest.
• Right to bail: For bailable offences, the accused has the right to be released on bail.

Bail Provisions

In domestic violence cases, the offences under BNS (hurt, wrongful restraint, criminal intimidation) are generally bailable. This means the accused can get bail from the police station itself after paying a bond. However, if the police file a charge sheet for more serious offences (like grievous hurt), it may become non-bailable. The accused can apply for regular bail under Section 480/483 BNSS before the Magistrate. There is also the possibility of anticipatory bail under Section 482 BNSS if the accused fears arrest. The court may impose conditions — such as not harassing the victim — while granting bail. A good lawyer can push for strict bail conditions to protect the mother.

Quashing of FIR / Case

The accused may file a petition before the High Court under Section 528 BNSS (inherent powers) to quash the FIR. Grounds for quashing include: the complaint does not disclose a prima facie offence, the case is an abuse of the court process, or the matter has been genuinely compromised (for compoundable offences). However, in domestic violence cases, quashing is rarely granted unless the allegations are entirely false. The court takes abuse of women seriously. If the accused tries to quash, the victim should strongly oppose it through her advocate. The case will usually proceed to trial.

If You Are the Victim

If you or your mother are in a similar situation, here are immediate steps you can take:

• Contact a Protection Officer: Every district has a Protection Officer under the DV Act who can help you file a complaint and provide shelter.
• File a DV Act complaint directly with the Magistrate: You don't need a lawyer to start, but get one as soon as possible.
• Call the Women's Helpline (181) or Police (100) in an emergency.
• Document everything: Keep a diary of incidents, photos of injuries, and records of threats.
• Secure your important documents: Aadhaar, PAN, bank statements, property papers — keep copies with a trusted friend.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the victim (mother) and complainant (son)
• Marriage certificate of the mother and father (if available)
• Medical reports, hospital bills, and doctor's prescriptions from any injury or assault
• Photographs of injuries, damage to property, or any visible evidence of abuse
• Copies of any threatening messages, emails, or call recordings (if legally obtained)
• Bank statements, salary slips, or any documents showing the father's income (for maintenance claims)
• Rent agreement, property papers, or utility bills showing residence at the shared household
• Any previous complaints, police diary entries, or orders from courts (if any)

What Evidence Is Required?

• Primary evidence: Direct testimony of the victim (mother) and eyewitness testimony of the son or any neighbour who saw/heard the assault.
• Medical evidence: Doctor's report confirming injuries, bruises, or internal trauma — critical for proving physical hurt.
• Documentary evidence: Threatening messages, emails, call log records, and diary entries of daily harassment.
• Photographs/videos: Photos of injuries, videos of assaults (if recorded), or stills from CCTV footage.
• Electronic evidence: Recordings of conversations (but be careful about the legality of recording without consent — in some cases, it may be admissible if it is the only evidence).
• Corroborating evidence: Testimony from neighbours, friends, or relatives who have witnessed the abuse.
• Previous complaints: Any earlier written complaints to the police or to family members about the harassment.

How the Police Behave in Such Cases

Police attitude in domestic violence cases can vary. In many instances, they treat it as a "family matter" and try to mediate rather than file an FIR. Some officers may dismiss complaints, especially if the victim is economically dependent. However, the law is clear: physical assault and threats are criminal offences, and the police must register an FIR. If you face resistance, assert your rights calmly — state that you want to file a complaint under Section 118 BNS and Section 351 BNS. If the police still refuse, immediately approach the SP or file a private complaint before the Magistrate. Do not accept a mere "compromise" at the police station without a court order.

Timeline of Legal Process

• Stage 1 — Filing the complaint: DV Act complaint in Magistrate court or FIR at police station. Immediately done once decided.
• Stage 2 — Investigation (for criminal case): Police record statements, collect evidence, and file chargesheet. Usually 2-6 months.
• Stage 3 — Cognizance by Magistrate: Court takes cognizance of the chargesheet and issues summons. About 1-3 months from chargesheet.
• Stage 4 — Framing of charges: Court frames the specific charges against the accused. 1-2 hearings.
• Stage 5 — Trial: Prosecution presents evidence, defense cross-examines, arguments. Can take 6 months to 2 years depending on court backlog.
• Stage 6 — Judgment: Court delivers verdict. Typically 1-3 months after arguments.
• Stage 7 — Appeal (if any): Either party may appeal to Sessions Court or High Court. Another 6-12 months.
• Under DV Act: Interim protection orders can be obtained within weeks — much faster than criminal trial.

How Long Will the Investigation Take?

For a criminal case involving hurt, wrongful restraint, or criminal intimidation, the police investigation typically takes 2 to 6 months after registration of the FIR. The police must file a chargesheet (final report) within 60 to 90 days if the accused is in custody, or within a reasonable time otherwise. If the investigation is delayed unreasonably, you can approach the Magistrate to direct the police to complete it. The longer the delay, the more it can weaken the evidence as witnesses may forget details.

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?

Yes, but with caution. The Protection of Women from Domestic Violence Act, 2005 allows for mediation — the court can refer the matter to a mediation centre or Lok Adalat. However, in cases involving physical violence, unconditional settlement is rarely advised. The court may accept a compromise if both parties genuinely agree, but the victim should not be pressured into it. The criminal offences (like hurt and intimidation) may be compoundable (settlable) only with the court's permission. In Lok Adalat, a compromise can lead to a final settlement of maintenance and custody issues. But if the abuse is severe, a full trial may be the better option to secure long-term protection.

Common Mistakes People Make

• Delaying action: Waiting too long after an assault or threat weakens your case. Memories fade, evidence gets lost, and the court may doubt your complaint.
• Destroying evidence: Throwing away messages, photos, or medical reports. Always preserve everything — even if it seems small.
• Engaging a lawyer without domain-specific experience: A general practitioner may miss critical procedural steps — like filing for interim protection under the DV Act or preserving electronic evidence. This type of case requires an advocate who regularly handles domestic violence and criminal matters to ensure the right strategy and faster outcomes.
• Confronting the abuser without legal cover: Trying to argue or physically resist may escalate violence. Let the law and the court handle it.
• Posting details on social media: Anything you say online can be used against you in court. Keep your case confidential.
• Signing anything without a lawyer reading it: Do not sign any documents, settlements, or affidavits presented by the other side without your advocate reviewing them first.

FAQs People Normally Have

Can I file a case even if I am still living with my father?

Yes. The DV Act specifically protects you even while you continue to live in the same house. You can seek a protection order that prevents your father from committing violence while you remain in the shared household.

Do we need to file a police complaint first, or can we directly go to court?

You can go directly to the Magistrate under the DV Act without going to the police. For criminal offences, it is better to file an FIR first, but if the police refuse, you can go to the Magistrate under Section 175(3) BNSS.

What if my mother doesn't want to take legal action because she is financially dependent?

The law can provide immediate maintenance under Section 20 of the DV Act. A Magistrate can order your father to pay monthly maintenance, which can help your mother become independent. Do not let financial fear stop you.

Can I file a case even if I am not the victim — but my mother is?

Yes. As a son living with your mother, you can file a complaint on her behalf under the DV Act. You are considered an "aggrieved person" under the Act if you are related to the victim and living in the same household. The court will consider your testimony as well.

How long will it take to get a protection order?

Under the DV Act, the Magistrate is required to hear the matter within 14 days of the complaint being filed. Interim protection orders can be granted within weeks if the facts are clear and urgent. However, full final orders may take several months.

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

Advocate Sudhir Rao, Supreme Court of India