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There is no specific time limit(( Vikas and Ors. v. Usha Rani and Ors. 2018 (3) RCR (Criminal) 307.)) for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place. However, if there is a delay in complaining against the domestic violence that you have faced, you might be asked to explain the reasons behind the delay.
Given below are some specific situations where you may file a complaint against domestic violence:
Complaining for Acts before 2005
Though the law(( V.D.Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) on domestic violence came into force in 2005, the law allows you to file an application for relief and/or protection even against any domestic violence that happened before 2005. If you are a woman who faced violence before 2005, you would still be entitled to protection under the law and you can approach the Court to file a case. For example, if a woman, Sita, faced domestic violence from her mother-in-law in 2001, she would still be eligible to go to Court to file a domestic violence case , even if the law on domestic violence came into force after she had already experienced domestic violence.
Complain after Divorce
You can file a complaint against domestic violence even if you are already divorced(( Smt.Sabana @ Chand Bai & Anr vs Mohd.Talib Ali & Anr 2014 (2) RCR (Criminal) 293.)). For example, Seema got married in 2012 and for two years she faced physical violence from her husband. She divorced her husband in 2014. Seema has a right to file a domestic violence case after 2014 against her ex-husband for hurting her during the two years she was married to him. This is because at the time she faced domestic violence, she was in a domestic relationship with the harasser i.e. her husband.
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What is Counseling under Domestic Violence law?
Meet
July 18, 2022
Can a women file a complain after a week of being beaten cruely by her husband.Due to some reason she didn’t filed complaint immediately but now she realised that she is dying every second and she will not spare her husband, what shall she do now?
Nyaaya
August 8, 2022
She may file a report at any time. You can also refer to our explainer on How can you get immediate protection against domestic violence
Veena
June 18, 2023
I was in domestic violence marriage 2014 after my 3 months pregnancy he beaten me and thrown me out from home . he never came to see me and my son. He didn’t took Divorce but he is 2nd married now. Last year I went to police station but they are telling after 8 years u came to complaint only petition we will take. I was pregnant when all this happened so scared and I didn’t took action against him. He didn’t even gave my gold money when we gifted our marriage. Police supporting him only. Am single parent struggling and suffering from this marriage nobody their for me. I sent him maintainence charge but he is not taking summons from 5 years. I want justice. Please guide me.
Alka Manral
August 20, 2024
You can approach the Superintendent of the Police by sending a letter complaining about this, and they are obliged to file an FIR under S.154(3) CrPC. If even that doesn’t work, you may approach the Court directly under Protection of Women from Domestic Violence Act 2005, wherein you can approach a magistrate. You can even file a complaint with the National Commission of Women (NCW) at https://ncwapps.nic.in/onlinecomplaintsv2/.
You can also file a case under S.494 IPC for the offence of bigamy against the husband, since he remarried during your lifetime.
For not giving a maintenance, you can file a case under S.125 CrPC, by which the court will direct him to pay the same.
You can file a case under S.406 for recovery of dowry (gold).
You can get a lawyer for free from the District Legal Services Authority (DLSA).
Rajani
October 21, 2023
Can I keep my address and my kids school address confidential as he stalk & create ruckus
P. lavanya
May 13, 2024
DVC case filed in 2017 and it was returned. No time limit was mentioned to represent the case. Again we want to file the case by representing the case.
Saquib khan
November 12, 2023
Sir mere Bhai ne 2009 me love marriage ki thi .. lagbhag Sadi ke 6 month baad se dono aapas me ladne Lage ..ladki ne kesh kar diya 498a me mere Bhai ke sath mere father mother and sister ko 2.5year ki saja ho gayi 2018 me ..fir high court me apil Hui waha file revision dakhil hua .. High court ne Saja ko barkarar Rakha fir 2022 me supreme court me appeal Kiya first hearing me hi kharij Ho Gaya.jo ki ladki 2010 se hi apne Ghar rahti h Ab usne gharelu hinsa dakhil kr Diya kya ye legal hai
Neetu
August 22, 2024
Kya 10 sal tak gharelu hinsha hota chala aa rha hai jaise tumhare baap ne tumhe kya diya, tumhare bachcho ki feesh tumhara baap bharega to, mar peet sab kuchh hota hai, ghar nikalne ki milti hai, kabhi kabhi nikal bhi di jati hu to kya ye sunwaai ho sakti hai.
Dinesh Tank
July 21, 2022
Inlaws of my widow daughter have not handed over her right in insurance policies after death of her husband as nomination was in favour of husband’s brothers before her marriage. My daughter has already filed civil suit at Mumbai and now she has shifted to her matrimonial house at Jaipur. So can she file DV case against in laws residing at Mumbai for economical harrasment and streedhan from Jaipur ?
Nyaaya
August 8, 2022
Yes, she can.
Sarika
July 24, 2022
Husband deserted wife with no proper reasons just after daughter was born. Wife forced to live with her parents. Living separately for 13 yrs.. Husband challenges that will keep case pending until daughter is major so that does not have to pay maintenance.. Can dv still be filed in such case
Nyaaya
August 12, 2022
There is no specific time limit for filing a complaint against domestic violence however, DV case is not maintainable after 1 year of no-cohabitation. The apex court judgement in Inder kumar Grewal case is relevant.
Alternatively, she can file a case of divorce on the ground of desertion even though her child is minor. If one of the spouses voluntarily abandons his/her partner , the abandoned spouse can file a divorce case on the ground of desertion.
Aditya Chaudhary
August 19, 2023
Sir apne kaha ki 498 a k khilas 120 b ,499,500, 191,192,193 darj kare..per wakel mana karte h ki .yaha tak ki charge sheet se naam nikalne ke bad b nahi kar sakte only jhuta mukadma sabit hone pe hi case kar sakte h, respectfully ap kis binah pe bata rahe h ki..case kare jab tak charge sheet nahi lagti..nam nahi nikalta…tab tak b koi wakel case karne ko taiyar nahi hota..to aise kaise karvaye case kripya bataye
లావణ్య
October 2, 2024
కూతుర్లు కవలలు పుట్టిన వెంటనే సరైన కారణాలు చూపకుండా భర్త భార్యను విడిచిపెట్టాడు. భార్య తన తల్లిదండ్రులతో కలిసి జీవించాలని ఒత్తిడి చేసింది. 13 ఏళ్లుగా విడివిడిగా జీవిస్తున్నా.. కూతురు మేజర్ అయ్యే వరకు మెయింటెనెన్స్ చెల్లించాల్సిన అవసరం లేదని, కేసు పెండింగ్లో ఉంచుతానని భర్త సవాల్ విసిరాడు.
Umesh
August 2, 2022
My wife filed 498a case agaist me and my family members which is totally false what can I do legally
Nyaaya
August 12, 2022
Below is a list of legal remedies that one can use for protection against section 498a IPC if a woman decides to misuse the law and threatens to register a false case against you for personal gains.
I. Collect all Evidence & Documents: The first step in proving a false accusation would be to gather all substantial material elaborating well on the 498a case details. You must start collecting as much evidence as possible, which includes: Any conversation between you or your family member with your wife or her relatives like any SMS, emails, letters, call recordings, etc. Any evidence that proves that your wife moved willingly out of your house.Any evidence that shows no demands for dowry were made before or after the wedding
II. Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members. You can file for anticipatory bail for protection against section 498a IPC case under Section 438 of CrPC
III. Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife
IV. File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife. Get your complaint drafted by a good criminal lawyer so that the police cannot reject it on any grounds. If the police refuse to register your FIR, you can file a written complaint against the police officer, with the Superintendent of that police station.
V. File a case for Restitution of Conjugal Rights: If your wife has left her matrimonial home and went back to live with her family, you can file a case for RCR i.e. restitution of conjugal rights against your wife under Section 9 of Hindu Marriage Act. You can mention all the terms and conditions that she’ll have to follow to start living with you once again.
VI. File a defamation case against false 498A case: You can also file a defamation case against your wife for maligning your image by filing a false 498A case against you. While fighting the 498a case, the duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case.
Yet, despite the lack of legal protection against section 498A IPC case, there is a list of sections which we have identified for you, which might be helpful in this case, if you wish to file a counter case against your wife such as:
1. If your wife is conspiring a crime against you, then under Section 120B IPC, you can file a case against her.
2. If you suspect that false evidence is being framed or presented against you then under Section 191 IPC, you can file a case alleging that you are being framed wrongfully.
3. Man being a social animal, reputation is everything for him. So if she threatens you to defame or falsely drag you and your family to court, you can file a counter case of defamation under Section 500 of IPC.
4. In a situation where your wife threatens you to do harm to you or your family or anything related to you, gather the evidence and present it to court under Section 506 of IPC.
5. If you believe that the complaint registered by your wife is false you can file an application under Section 227 stating that the 498A case filled by your wife is false.
6. If you have enough proofs, or if she does not have enough proof to substantiate the charges, chances are that the judge just dismisses the 498A case as it is a framed one.
7. If she breaks into your home, creates a scene, and goes to a ‘protection officer’ and lies that you abused her ‘physically, emotionally, or economically’, file a damage recovery case under Section 9 of CPC against her.
7. Legally, you must issue notice on the same day or the next day. The suit will continue for a long time. It has no risk.
The Indian courts and enforcement authorities have become vigilant in dealing with cases regarding Section 498A due to an increasing number of false cases. However, if you are a victim who needs protection against section 498a IPC case, then you should be aware of all your legal rights and use them.
Amar
August 13, 2022
My wife has left matrimonial home and left with 2yrs son on her one wish and is now not willing to come back and blocked all contacts and not responding to any messages or call. Even her parents are not talking even after visiting her home. Now i fear she migh frame any false case against us. It’s been 2 months since she has done this. Pls. guide me what can we do in this case
Nyaaya
August 22, 2022
As your wife has left the home for no valid reason and she has left the house with a son aged 2 years and knowingly blocked all contacts so, if you want her to come back and join your matrimonial home you may file a case under Section 9 of Hindu Marriage Act for restitution of conjugal rights, or if you want a divorce than for that purpose another suit has to be filed on the ground that your wife has left home without any reason and she has blocked all contacts and there is no whereabout of her since 2 months.
Aditya Chaudhary
August 19, 2023
Sir apne kaha ki 498 a k khilas 120 b ,499,500, 191,192,193 darj kare..per wakel mana karte h ki .yaha tak ki charge sheet se naam nikalne ke bad b nahi kar sakte only jhuta mukadma sabit hone pe hi case kar sakte h, respectfully ap kis binah pe bata rahe h ki..case kare jab tak charge sheet nahi lagti..nam nahi nikalta…tab tak b koi wakel case karne ko taiyar nahi hota..to aise kaise karvaye case kripya bataye
Sudesh
September 18, 2022
Sir,
Can it be a case of domestic violence if wife harms herself, made injury herself and took pictures of injuries?
What will be the options left out in such scenario.
Nyaaya
September 21, 2022
The Protection of Women from Domestic Violence Act, 2005 has defined the term ‘domestic violence’. According to that definition, an injury made by the wife on herself in itself is not an act of domestic violence because the violence has not been done on her by a domestic relationship. However, some people with depression and other troubles with mental health are known to indulge in acts of self-harm.
The definition of ‘domestic violence’ includes verbal abuse, emotional abuse, and harm to health and safety of mental wellbeing of the victim.
Therefore, if the wife is being subjected to verbal and emotional abuse, whether or not it results in self-harm, such abuse will be seen as domestic violence in the eyes of the law and the family members committing it on her can be punished.
If the wife is injuring herself, a psychotherapist or psychiatrist should be consulted for getting suggestions for her wellbeing.
If the wife threatens to harm herself without any reason, just to alarm the family members or to make other family members act in a certain manner, the family can call the police and report the wife under section 506 of Indian Penal Code for causing criminal intimidation.
If the wife is causing injuries to herself without any reason, and wrongly reporting it to any authority like the police to start false criminal proceedings against any person, then such action of the wife can then be reported to the police under Section 211 of the Indian Penal Code.
If the wife is injuring herself due to fights with any person or spousal differences, she can be taken to the Commission for Women of the State where she is living, for example Delhi Commission for Women in case she is living at Delhi, where she and the people she is having fights with can receive counselling.
Pankaj Rathore
July 1, 2023
kiya domestic violence ki ghatna ke 4 saal baad bhi 12 DV act ka case file Kiya ja sakta hai
SHOBHANA PREMCHAND MANDHATE
June 20, 2023
घरेलू हिंसा क्रूरता की शिकयत 4 महिने बाद कर सकती है क्या
Prashant
September 30, 2023
Wife 11 saal se alag reh kr gharelu hinsaa ka case kr sakti hai kya ????
Sikha
September 11, 2024
घरेलू हिंसा से महिलाओं का संरक्षण अधिनियम, 2005 (डीवी एक्ट) के तहत शिकायत दर्ज कराने के लिए कोई विशेष समय सीमा निर्धारित नहीं की गई है। हालांकि, सुप्रीम कोर्ट ने *कामाची बनाम लक्ष्मी नारायणन* (2022) मामले में कहा कि डीवी एक्ट के तहत शिकायत दर्ज कराने के लिए कोई समय सीमा नहीं है। जब तक घरेलू हिंसा जारी है या उसका प्रभाव बना हुआ है, महिला किसी भी समय शिकायत दर्ज कर सकती है।https://indiankanoon.org/doc/147915185/ यदि देरी होती है, तो उस प्रश्न पर भी मजिस्ट्रेट विचार कर सकते हैं, जब पति का उत्तर परखा जा रहा हो।
Suresh
November 12, 2022
Sir,
My wife left home before 2 years. And i tried many times to get her back to home. But she didn’t come. 1.5years back i have applied section 9 restitution of conjugal rights but till now case is ongoing in sub court she is not cooperative for enquiry also and also she is applied IA under section23A and section 25 asking 7500000 compensation.
Many complaints given to collector office, CM office, governor office, superdent of police, local polic station given complaint and made CSR to harassment me and my family. Finally given DVC case under section 19,20 and 22 asking 7500000 compensation. In that also DVC case they have submitted fake jewelley bill in the court. Now shall i proceed quash pettion under high court against DVC case. Please advice sir. I have doubt on that DVC can able to quash base on fake jewelley bill submitted by my wife to court
Alka Manral
May 31, 2024
You can approach the High Court under Section 482 of the CrPC, on grounds of malicious complaint. The court, if it finds in your favour, will quash the case. Even if it does not quash the case, there is no risk, as the proceedings will continue as normal. Also, in case the High Court does not quash the complaint, you can appeal to the Supreme Court.
sanjay
June 16, 2023
my wife left he matrimonial home at 2016.after 7 years she filed a domestic violence case against me and my parents and she also filed maintenance under 125 crpc.
will domestic violence case maintainabe?how can i quash this domestic violence case case aginst me and my parents
Alka Manral
July 9, 2024
The maintanability of the Domestic Violence case when it has been reported after seven years is very low, unless the wife is able to produce a strong reason for why she didn’t approach the police station sooner. The maintainability depends on the following reasons – Sufficient reason for reporting after such a delay and the Evidence produced (which is also difficult to maintain the validity of since the alleged violence happened seven years ago).
Section 28(1) of the Protection of Women from Domestic Violence Act, 2002 specifically lays down that almost all effective proceedings and offences shall be governed by the provisions of the Code of Criminal Procedure. However, the Act doesn’t specifically stipulate the aspect of the limitation. Section 468 of the CrPC is fundamental provision and bars taking congnizance of an offence beyond 1 year for offenses punishable up to 1 year. Thus, as per section 468 of the CrPC, the complaint under section 12 of the Protection of Women from Domestic Violence Act, 2002 shall be filed within one year from the date of offence else the concerned court/ magistrate won’t be able to take cognizance of the matter as per the law.
Regarding the Maintenance claim under 125 CrPC, it will depend on your financial condition, your wife’s financial condition, and the circumstances of separation.
A petition to quash the case can be made under S.482 of the CrPC for unjustifiable delay, and lack of evidence.
Venkatesh
July 24, 2023
Myself and my wife have been separated for over a year while I was paying very high monthly maintenance for my wife & kids to cope. We have 2 kids. After the completion of one year of temp separation , I have now filed for child custody and divorce because she only wants more money. She has filed for restitution of conjugal rights with a lot of false accusations. As a man, am I inherently disadvantaged fighting for a divorce and will I end up paying more maintenance while my case continues for years instead of contesting her restitution ? Is it better to just focus on child custody ?
Nancy
July 24, 2023
Can i file against my husband for domestic violence without marriage certificate?
Ankita saini
July 26, 2023
Wife is living seperately from husband for 10 yrs with her parents. She is subject to DV when she lived with her in laws 10 yrs before.
Now she wants to file case for Domestic violence against her in laws. Is the case maintainable please give detailed answer on it.
Sir
September 5, 2023
Meri didi ghrelu hinsa ko jhel rhi he krib 6 sal se pti ke dwara mar pit se lekr aatmhatya k liye uksata he hme kya krna chahiye . Physical mental dono trh se chot phochata he uski 5 sal ki ek beti he . Uska pti paglo jaisa krta he tourcher . Kya shi rasta h btae
Swati
September 12, 2023
Can a wife submit a case of domestic violence later on her husband after she got physical abused by her husband multiple times due to some misunderstanding that happened between them ? She could not report immediately as friends n family intervened.
Alka Manral
September 3, 2024
Yes, the time delay can be allowed, but it depends on whether there was sufficient reason for reporting and the Evidence produced.
You can file a cruelty case using Section 498A of the IPC, 1860 (Equivalent to Section 84 of the BNS, 2023). Cruelty is an offence with a punishment for three years and a fine and it is a non-bailable offence. Other laws include – Protection of Women from Domestic Violence Act 2005
1. Firstly, you would need proof that you were in a domestic relationship (that you were/are married to that person) and that you shared a household.
2. For domestic violence cases, the victim’s testimony is enough as it need not be proved beyond reasonable doubt. According to Section 59 of the Indian Evidence Act, 1872, oral statements which are a form of oral evidence can be used to prove material facts of a crime (other than the contents of documents or electronic records). However, do ensure that every time you give a testimony, there are no irregularities in your statements.
3. Other proofs: If you do not have electronic recordings, other circumstantial evidence such as medical records (if your even went to see a doctor because of the abuse), electronic communication like text messages/calls describing the abuse, previous police reports if available, etc would also work.
For legal Aid, you can check National Commission for Women website at http://www.ncw.nic.in/helplines.
विपिन
October 8, 2023
मेरा तलाक मेरी पत्नी से ५ वर्ष पूर्वा हो चुका है जो की एक तरफा फैलसे के तहत हुआ था जिसमे पत्नी हाजिर नहीं हुई थी अब 5 वर्ष बड़ पत्नी घरेलु हिंसा , रेप का केस लगा रही है क्या ये उचित है और ऐसा हो सकता है क्या। और मै बचाव मे क्या कर सकता हू।
Sikha
September 11, 2024
यदि प्राथमिकी दर्ज की गई है, तो उसे रद्द कराने के लिए उच्च न्यायालय में एक याचिका दायर करें।
Vinod
October 23, 2023
My wife thrown me away from my onw home. There was loan on home and home auctioned by bank.
My wife took all my household goods with her inlcuding her own like AC, TV, freeze, Sofa, Furniture, Scooter, jewellery and other hosehold goods etc while leaving my home as after auction bank took possession from her.
There is already legal cases going on due to dispute after 25 years of marriage. Legal cases include Sec 125, 498A, DV, Sec 13 for divorce filed by wife.
How can I take all my household goods
T vaishnavi
October 29, 2023
Sir nenu dvc case court lo file chesi vunnanu 1 year nundi accused persons ante naa husband aunty uncle counterfile cheyadamledu nenu counterfile chesi 1 year avutundi but accused persons no response but court kisi haajaru avutunnaru next court proceedings emi vuntaayi
अमित
November 15, 2023
मेरी शादी 6/12/2022 मोड़ मंडी भटिंडा (पंजाब )को हुई थी अपनी ख़ुशी से घर 3/02/2023 को खुशी से घर गयी थी लेकिन अब लोगो के भकवे
मे आकर dv केस, 498A 406 506 य धारे चल रही मूझे जहाँ जहाँ बुलया गया हू लिखित बयान देकर आ रहा हू, अभी मेरे पास कोई भी कोर्ट नोटिस नही आया, लेकिन उनका वकील रोज कोई दरखास्त देकर मूझे ssp ऑफिस से फ़ोन आ रहे हैं, मेरी आर्थिक कमजोर हू, मै हरियाणा रहता हू, 150 कम दूर है ना कोई रिस्तेदार, कोई जानपहचान बहुत परेशनी हो रही हैं, मैं वकील नही कर सकता क्या मैं खुद अपना केस लड़ सकता हू? लड़की लोगो लालची किस्म हैं जब से केस हुआ मेरे रोजगार भी नही रहा अब मैं क्या करू पुलिस से परेशान होकर मैं सिम भी तोड़ दी रोज रोज कौन जायेगा pb, ना छोड़ती हैं ना साथ रहती हैं, सिर्फ 2 महीने ही रही थी मेरे मार्ग दर्सन कीजिए,उनके पास कोई मारपीट की रिपोर्ट नही हैं ना कोई दहेज मागने का सबूत है, अब मूझे क्या करना चाहिए
8930007084
Veer singh
January 16, 2024
मेरी पत्नी ने मेरे और मेरे परिवार के ऊपर , पहले मेरे पिता पे 354,506 फिर कोर्ट में बयान के बाद 376 बठवाई, और मुझ पर 506 इस केस की अग्रिम जमानत से पिता जी को बचा पाया हूं ।, फिर इसके 1 महीना बाद घरेलू हिंसा और 125 लगा दी । 6 लोगो के नाम जोड़ दिया, जिनमे 3 लोग पूरी तरह से बाहर रहते है । घरेलू हिंसा की शिकायत संरक्षण अधिकारी को की जिसका मुझे कुछ पता नही चला। और बाद मैं मुकदमा भी हो गया । अब मुझे समझ नहीं आ रहा क्या करू केसे बाकियों के नाम हटवाएं जाए। निचली अदालत के वकील हाई कोर्ट जाने की सलाह दे रहे है । बोल रहे है यहां से नाम भी कटेंगे। कृपया कुछ सलह दे 🙏
Alka Manral
October 17, 2024
कानूनी सलाह का पालन करें। बिना सभी कागजातों की समीक्षा किए लंबित मामलों में सलाह देना संभव नहीं है। यदि आप किसी अन्य वकील से परामर्श करना चाहते हैं, तो दूसरी राय लें।
சத்யா
January 24, 2024
சேர்ந்து வாழ அனைத்து முயற்சிகளும் எடுத்து வேறு வழி இல்லாமல் விவாகரத்து வழக்கு 3 ஆண்டுகளாக நடந்து வரும் நிலையில் காரணமே இல்லாமல் பிரிந்து சென்ற மனைவி தற்போது குடும்ப வன்முறை சட்டத்தின் கீழ் என் மீதும் எனது பெற்றோர் மீதும் பொய்யான வழக்கை நீதிமன்றத்தில் தாக்கல் செய்துள்ளார் இந்த வழக்கில் இருந்து விடுபடுவது எப்படி அவர் பொய்யான வழக்கு தான் போட்டுள்ளார் என்று நிரூபிப்பது எப்படி எது போன்ற ஆதாரங்களை சார்பிக்க வேண்டும்
Alka Manral
May 30, 2024
This is a difficult situation to reconcile and depends on the type of claims your wife has made in the courts. The first step you have to take is to approach a lawyer specialising in domestic cases and/or divorce proceedings. Remember that the burden of proving that the domestive violence did take place falls on your wife and not you. Nonetheless, the type of evidence that might help you is any texts between you that took place where she has showed that her actions are in bad faith, medical records or as such that may prove that no physical abuse took place, witness statements from neighbours that prove that your and your parents’ actions were not ill towards your wife, and you can produce proof for attempting to reconcile your marriage (texts, emails etc.). All these could be used to show that you were in fact not abusive to your wife. If there has been any harassment from her side regarding money or reputational harm file a counter-complaint and use evidence to prove that she initiated the separation without any valid reason. But all of these will take a long duration of time and try to be as patient with the issue. (மொழிபெயர்ப்பு: இது சமரசம் செய்வதற்கு கடினமான சூழ்நிலையாகும், மேலும் உங்கள் மனைவி நீதிமன்றங்களில் எந்த வகையான கோரிக்கைகளை வைத்திருக்கிறார் என்பதைப் பொறுத்தது. நீங்கள் எடுக்க வேண்டிய முதல் படி, குடும்ப வன்முறைச் சட்டம் வழக்குகள் மற்றும்/அல்லது விவாகரத்து நடவடிக்கைகளில் நிபுணத்துவம் பெற்ற ஒரு வழக்கறிஞரை அணுகுவது. குடும்ப வன்முறை நடந்தது என்பதை நிரூபிக்கும் சுமை உங்கள் மனைவியின் மீதுதான் விழுகிறது என்பதை நினைவில் கொள்ளுங்கள். ஆயினும்கூட, உங்களுக்கு உதவக்கூடிய சான்றுகள்: உங்களுக்கிடையில் நடந்த எந்தவொரு உரையும் ஆகும், அங்கு அவர் தனது செயல்கள் தீய எண்ணங்களுடன் செய்தார், மருத்துவ பதிவுகள் அல்லது உடல் ரீதியான துஷ்பிரயோகம் எதுவும் நடக்கவில்லை என்பதை நிரூபிக்கக்கூடும், அண்டை வீட்டாரின் சாட்சி அறிக்கைகள் உங்கள் மற்றும் உங்கள் பெற்றோரின் செயல்கள் உங்கள் மனைவிக்கு மோசமாக இல்லை என்பதை நிரூபிக்கவும், மேலும் உங்கள் திருமணத்தை (உரைகள், மின்னஞ்சல்கள் போன்றவை) சமரசம் செய்ய முயற்சிப்பதற்கான ஆதாரத்தை நீங்கள் சமர்ப்பிக்கலாம். நீங்கள் உண்மையில் உங்கள் மனைவியை துஷ்பிரயோகம் செய்யவில்லை என்பதைக் காட்ட இவை அனைத்தும் பயன்படுத்தப்படலாம். பணம் அல்லது நற்பெயருக்கு தீங்கு விளைவிப்பது தொடர்பாக அவள் தரப்பிலிருந்து ஏதேனும் துன்புறுத்தல் இருந்தால், எதிர்-புகாரைத் தாக்கல் செய்து, சரியான காரணமின்றி அவள் பிரிவினையைத் தொடங்கினாள் என்பதை நிரூபிக்க ஆதாரங்களைப் பயன்படுத்தவும். ஆனால் இவை அனைத்தும் நீண்ட நேரம் எடுக்கும் மற்றும் பிரச்சினையில் பொறுமையாக இருக்க முயற்சிக்கும்)
Ramaraju Harishchandra
January 27, 2024
Virtually my wife is living separate from me (with our minor daughter aged 16 years), since last 3 years,virtually without any visits between us.Now that she got filed a DV case U/S 12 of DV Act.in a JCJ court here.Today, I received the summon from court.Can I file a Petition before High Court for quashing her complaint under DV Act?
Kushali
March 12, 2024
What evidence should I have of domestic violence if I don’t have photographs, videos or recordings of physical or verbal abuse. Can my daughter’s statement be an evidence for the domestic violence done 10 years ago? All most recent brutality has not been witnessed by another family member.
Alka Manral
May 29, 2024
You can file a cruelty case using Section 498A of the IPC, 1860 (Equivalent to Section 84 of the BNS, 2023). Cruelty is an offence with a punishment for three years and a fine and it is a non-bailable offence. Other laws include – Protection of Women from Domestic Violence Act 2005, The Protection of Women from Domestic Violence Rules, 2006.
1. Firstly, you would need proof that you were in a domestic relationship (that you were/are married to that person) and that you shared a household.
2. For domestic violence cases, the victim’s testimony is enough as it need not be proved beyond reasonable doubt. According to Section 59 of the Indian Evidence Act, 1872, oral statements which are a form of oral evidence can be used to prove material facts of a crime (other than the contents of documents or electronic records). However, do ensure that every time you give a testimony, there are no irregularities in your statements.
3. Other proofs: If you do not have electronic recordings, other circumstantial evidence such as medical records (if your even went to see a doctor because of the abuse), electronic communication like text messages/calls describing the abuse, previous police reports if available, etc would also work.
4. Daughter’s testimony – The daughter’s testimony can be used but it depends on the court whether it will declare it admissible. Your daughter’s maturity level at the time of abuse including her age will be considered. The court may also ask you to explain the delay in her testimony.
5. For legal Aid, you can check National Commission for Women website at http://www.ncw.nic.in/helplines.
Nadeem khan
March 26, 2024
My wife has been leaving with me since 6 months after filing Domestic violence case in a meditation period. So in this she injured herself and created a false medical report and also complained in police station. So I also complained in police station that I have not harmed her. So is their any chances what she is trying to do and what are my legal steps as husband to fight this ? Please help
Alka Manral
May 30, 2024
1) Section 192 of the IPC (or Section 229 of the Bhartiya Nyaya Sanhita) criminalizes the fabrication of false evidence. When a person causes any false circumstance to exist with the intention that it will appear as evidence in a judicial proceeding and cause an erroneous opinion in the mind of any person who has to form an opinion on the evidence in that proceeding, he is said to have fabricated evidence.
2) Causing an injury to oneself and creating a false medical report to make it appear that the husband had caused the injury can be considered fabrication of evidence. In such a case, you can file an FIR against the wife.
Alka Manral
May 30, 2024
Legal provisions that could be applied to your situation are – 1. Section 192 of the IPC (or Section 229 of the Bhartiya Nyaya Sanhita) criminalizes the fabrication of false evidence. When a person causes any false circumstance to exist with the intention that it will appear as evidence in a judicial proceeding and cause an erroneous opinion in the mind of any person who has to form an opinion on the evidence in that proceeding, he is said to have fabricated evidence. 2. Section 182 of the Indian Penal Code (IPC),: If you have reason to believe that the allegations are baseless and malicious false information provided with the intent to cause harm.
3. Causing an injury to oneself and creating a false medical report to make it appear that the husband had caused the injury can be considered a fabrication of evidence. In such a case, you can file an FIR against the wife.
4. If someone else also lives with you and your wife, their testimony could be helpful for your case.
Vennila
May 8, 2024
வணக்கம்!நான் 5 வருடங்களுக்கு முன்பு எனது தாய்மாமன் குடும்பத்தினர் என்னை அடித்து அவமானம் படுத்தினார்கள். அதற்கு நான் இப்போது அவர்கள் மீது வழக்கு போட சட்டத்தில் இடம் இருக்கிறதா?ஐயா என்னால் அந்த சம்பவத்தில் இருந்து கடந்து செல்ல முடியவில்லை..நான் தூங்கி பல வருடங்கள் ஆகின்றன..தற்கொலை எண்ணம் வருகிறது.
Alka Manral
August 20, 2024
There are 2 means here; 1) You can file a DIR (Domestic Incident Report) under the Protection of Women from Domestic Abuse Act, 2005. This can be done by approaching the Protection Officer of your district. This can be done by contacting the State Women and Child Development Department where each state will have the list of Protection Officers on its website. A Protection Officer will record the DIR under Section 9 (1)(b) (2) of the Protection of Women from Domestic Abuse Act 2005. You can also directly approach the Magistrate or a police officer to file a DIR who will then forward it to the relevant Protection Officer. Your allegation of physical abuse and mental harm under Sections 3 (a) and 3 (d) of the Protection of Women from Domestic Abuse Act, 2005 will be sufficient to start an investigation. Additionally, you can avail mental health counseling for your well-being on sites such as that of the National Commission of Women at 7827170170 for women in distress.
Rubin Law P.C.
May 24, 2024
This article provides valuable information about the time limit for filing a complaint against domestic violence, highlighting that there is no specific deadline but emphasizing the importance of proving the domestic relationship with the perpetrator. By addressing specific scenarios, such as complaining about acts before 2005 and filing complaints after divorce, the article clarifies that survivors of domestic violence have legal avenues for seeking justice regardless of when the incidents occurred or their marital status. This clear and informative explanation empowers survivors by informing them of their rights and options, ensuring that they understand they can take action against domestic violence at any time. It’s reassuring to know that survivors have legal recourse regardless of the circumstances, and this article effectively communicates that message. Great job!