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.
Priya Varma, a young college student from Lucknow, had been in a relationship with Deepak Sinha — a salaried IT professional at Wipro. Between late 2023 and mid-2024, she underwent two medical terminations of pregnancy within roughly six months of each other. The physical and emotional toll was severe. By around February 2025, Priya was dealing with acute depression, anxiety, and had made at least one serious attempt at self-harm. Her treating gynaecologist at a private clinic in Gomti Nagar had already referred her to a psychiatrist. Deepak, meanwhile, had quietly moved on, contributing nothing toward her treatment costs.
Priya's close friend reached out for legal help. An earlier informal attempt to approach Deepak directly, and a brief consultation with a general civil lawyer, had yielded nothing. That lawyer simply wasn't familiar with the specific civil remedies available to a woman in Priya's position. When the matter came to Advocate Sudhir Rao, the case was assessed under the Protection of Women from Domestic Violence Act, 2005 alongside a civil suit for recovery of medical expenses and damages. A formal legal notice was issued. Faced with a well-structured legal strategy, Deepak agreed to a structured settlement covering Priya's ongoing psychiatric and medical treatment costs. She's been receiving consistent treatment since. Her condition, while still requiring care, is on a stable path.
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: Preserve all medical records, hospital bills, prescriptions, psychiatric referrals, and any communication between the woman and her partner. WhatsApp messages, emails, and call logs can all be relevant. Don't delete anything.
Don't approach the other party alone: Any direct conversation without counsel present can be used against the victim later. Let the advocate manage all communications once you've engaged one.
Engage an advocate with domain-specific experience: Matters involving recovery of medical expenses, domestic violence remedies, and psychiatric damages sit at the intersection of civil law, family law, and personal injury principles. And here's the thing — a general practitioner may simply not know about the specific reliefs available under the Protection of Women from Domestic Violence Act, 2005, or the procedural steps for attaching a respondent's income. Domain-specific experience matters here.
Applicable Sections of Law
- Protection of Women from Domestic Violence Act, 2005 — Section 20: Empowers a Magistrate to direct the respondent to pay monetary relief to the aggrieved person, including medical expenses and loss of earnings.
- Protection of Women from Domestic Violence Act, 2005 — Section 22: Provides for compensation and damages for injuries, including mental torture and emotional abuse caused by the respondent's acts of domestic violence.
- Code of Civil Procedure, 1908 — Order VII Rule 1: Governs filing a civil suit for recovery of medical expenses and damages caused by negligent or coercive conduct.
- Indian Contract Act, 1872 — Section 73: Allows a party to claim compensation for loss or damage caused by a breach of obligation, applicable where promises of support were made and then withdrawn.
Jurisdiction — Where to File the Case
For relief under the Protection of Women from Domestic Violence Act, 2005, the application is filed before the Judicial Magistrate First Class (JMFC) having jurisdiction over the area where the aggrieved person resides, where the relationship was shared, or where the cause of action arose. In the example above, that's the relevant JMFC court in Lucknow. For a standalone civil suit for recovery of medical expenses, the appropriate court depends on the amount claimed. Claims up to Rs. 1 crore typically lie before the District Court; smaller amounts may be filed before the Civil Judge (Junior Division). Now, before you act, understand this: correct jurisdiction is not a formality. Filing in the wrong court wastes months and risks dismissal at the threshold.
Limitation Period
Time matters. For a civil suit for recovery of medical expenses and damages, the limitation period under the Limitation Act, 1963 is three years from the date the cause of action arose — typically the date the expenses were incurred and the responsible party refused to pay. Under the DV Act, there's no rigid limitation period, but courts have consistently held that applications must be filed within a reasonable time after the acts of domestic violence. Delay without a satisfactory explanation weakens the case. If there is any delay, a condonation application under Section 5 of the Limitation Act, 1963 should be filed with a proper explanation. Missing limitation is often fatal to a claim, so act promptly.
Interim Reliefs Available
Interim relief is critical in these cases. Don't wait for the final order.
- Protection Order under Section 18, DV Act: Can be obtained on an interim basis to prevent further harassment or coercion by the respondent.
- Monetary Relief under Section 20, DV Act (interim): The Magistrate can direct the respondent to pay interim medical and psychiatric expenses even before the final hearing concludes.
- Temporary Injunction under Order 39 Rule 1 and 2, CPC: In the civil suit, an injunction can prevent the respondent from alienating or hiding assets during the pendency of the case.
- Attachment before Judgment under Order 38 Rule 5, CPC: If there is a real risk that the respondent may dispose of property or income to defeat the decree, the court can attach his assets before judgment is passed.
If You Are the Victim
- Collect and preserve all original medical bills, prescription slips, discharge summaries, and psychiatric consultation records immediately.
- Save all digital communications with your partner, including WhatsApp chats, emails, or any voice messages where he acknowledged the pregnancies or the expenses.
- Get a written referral and a medical certificate from your treating psychiatrist that establishes a link between the mental health condition and the events in question. Courts give considerable weight to expert medical opinions as established in State of Haryana v. Bhajan Lal, 1992 on evidentiary standards for expert testimony.
- Approach a qualified advocate without delay. Time-sensitive applications for interim monetary relief under the DV Act must be filed promptly to have effect.
- Do not sign any document, agreement, or settlement note presented by the other side without your advocate reviewing it first. Rushed settlements can waive future claims.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the aggrieved woman
- All hospital bills, pharmacy receipts, and diagnostic reports related to the terminations
- Psychiatric consultation records and prescriptions showing ongoing treatment
- The gynaecologist's referral letter for psychiatric care
- Bank statements showing payments made toward medical treatment
- Screenshots or printouts of all digital communications with the respondent (WhatsApp, email, SMS)
- Any written acknowledgement, message, or note in which the respondent acknowledged the pregnancies or promised financial support
- Proof of the respondent's employment and income, such as pay slips, offer letters, or LinkedIn profile printouts, to establish financial capacity
What Evidence Is Required?
- Medical records: Primary evidence establishing the terminations, the physical complications, and the psychiatric referral. These are the foundation of the case.
- Psychiatric expert opinion: A certificate or affidavit from the treating psychiatrist linking the mental health breakdown to the events forms critical secondary evidence.
- Digital communications: WhatsApp messages, emails, or call records establishing the nature of the relationship, the respondent's knowledge of the pregnancies, and his refusal to provide support. As held in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, 2020, electronic evidence requires proper certification under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
- Financial evidence of the respondent: Salary slips, income tax returns, or bank statements to demonstrate his capacity to pay.
- Witness testimony: Testimony from close friends or family who witnessed the condition of the aggrieved woman and the respondent's conduct.
- Bills and receipts: All receipts showing expenses already incurred by the victim or her family.
How Courts Typically Approach Such Cases
Courts in India have grown increasingly attentive to the mental and physical consequences of reproductive coercion and abandonment. Frankly, that shift has been long overdue. Under the DV Act, Magistrates are empowered to act swiftly on applications for interim monetary relief, and they often do when supported by medical documentation. As held in V.D. Bhanot v. Savita Bhanot, 2012, the Supreme Court confirmed that the DV Act is to be interpreted broadly and in favour of the aggrieved woman. Civil courts, handling suits for damages, typically require more detailed evidence but can award substantial compensation where the nexus between the respondent's conduct and the harm is clearly established. Cases that arrive with strong documentation move faster. Those that don't often stall at the evidence stage.
Timeline of Legal Process
- Week 1-2: Consultation with advocate, gathering documents, sending a formal legal notice to the respondent (typically 15-30 days for reply).
- Week 3-4: Filing of application under the DV Act before the JMFC and/or filing of civil suit for recovery and damages.
- Month 1-2: Court issues notice to respondent; hearing on interim relief application. Interim monetary relief order may be obtained within 4-8 weeks if evidence is strong.
- Month 2-6: Respondent files written reply; evidence affidavits filed by both sides; cross-examination of witnesses.
- Month 6-12: Final arguments before the Magistrate or Civil Judge.
- Month 12-18: Final order or decree. Execution proceedings if the respondent does not comply voluntarily.
- Appeal stage: If either party appeals, the Sessions Court or High Court handles the appeal, adding 12-24 months. Many matters settle before appeal.
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. And in many such cases, settlement is worth considering seriously. A well-drafted legal notice, as happened in Priya's case, frequently prompts the other party to agree to a structured payment arrangement without the matter proceeding to full trial. Under Section 89 of the Code of Civil Procedure, 1908, courts can refer civil disputes to mediation or conciliation. Lok Adalats can also facilitate pre-litigation settlements, and awards passed by Lok Adalats under the Legal Services Authorities Act, 1987 are final and binding, enforceable as a decree. Settlement through mediation has the added advantage of speed, privacy, and certainty. But here's the thing: a settlement should only be signed after careful review by counsel. An inadequately worded settlement can waive future claims for ongoing medical expenses.
Common Mistakes People Make
- Delaying action: Many victims or their supporters wait months before seeking legal help, hoping the situation resolves on its own. Every week of delay weakens evidence and risks limitation issues.
- Deleting digital communications: WhatsApp chats, call records, and emails are often the strongest evidence available. Deleting them, even accidentally, significantly damages the case.
- Approaching the other party without counsel: Informal negotiations or confrontations without legal guidance often result in statements or agreements that the other side later uses to escape liability.
- Not obtaining proper medical documentation: A vague prescription is not enough. A detailed certificate from the psychiatrist and treating doctor, explicitly linking the mental health condition to the events in question, is what courts actually rely on.
Advocate Sudhir Rao, Supreme Court of India