Who can You Complain against for Domestic Violence?

Last updated on Apr 8, 2022

You can complain against both men and women for domestic violence. You can complain against the following:

  • Your family: You can complain about your family, if they are subjecting you to domestic violence, in the following circumstances:
    • If you are related to the harasser by blood, you can file a case against them. For example, your father, brother, etc.
    • If you are related to your harasser by marriage, you can file a case against them, such as your in-laws, husband, etc.
    • If you are related to your harasser by virtue of living together as a joint family, you can file a case against them. For example, your grandmother, uncle, adopted brother, etc. However, you can complain only against those who were complicit in the violence.1 For example, if you live in a joint family with ten people, and only your mother-in-law and husband subjected you to violence, you can complain only against them.
  • Your live-in partner: If your live-in partner hurts or abuses you, you can file a complaint against him.
  • Minors: You can complain against a minor who is subjecting you to domestic violence.2 For example, if a 16 year old boy in your family is physically hurting you, then you can file a complaint for domestic violence.

While going to Court, keep in mind that you must have been subjected to domestic violence by someone with whom you have shared not only a domestic relationship but also shared a household.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

  1. Ashish Dixit v. State of UP & Anr. (2013) 4 SCC 176.[]
  2. Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165.[]

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Comments

Sania siddiqui

August 26, 2022

There is only 2 months left for the marriage and yesterday when we both were talking meraj told me that there is some money given to father in law and uncles..i just said if that was the case you guys must have informed us before…to this he replied i am putting everything on him and his family and blaming then where that was all our mistake because we did not asked then what are your demands or what is the process…since then we are having a terrible conversation knocking each other.

Nyaaya

September 5, 2022

How can we help you?

Aparna Pande

March 29, 2024

My father mother elder brother and family related to my mother pressurized me for marriage and forcefully fixed my marriage I don’t want to get married for next two year and I am not happy with the decision of my family but still they are not ready to listen and forcing me for everything. My age is 28 years and I totally want to focus on my career and I don’t want to get married of my family choice. Please help me I need your help urjently please it’s an request.
My number – 9881169219

poonam

October 18, 2022

Meri shaadi ko 13.5 years ho gaye hain mera 3.5 saal ka baby bhi hai. Mere pati shuru se sharabi hai, maine bahut samjhaya lekin woh nahi samjhte hain. Unko bahut baar hospitalised karvaya hai aur jaan bachai hai lekin unki aadton mai koi badlaav nahi hai. Mere In-Laws Ghaziabad rehte hain, unko sab pata hai lekin woh koi help nahi karna chahte hain. Mere pati sharab peekar ghar mai gali aur maar peet karte hain. Maine kabhi koi complaint nahi ki unke against, darti thi aur har baar mauka de deti thi lekin abhi kuch din phele maine 100 number par call kia aur police aai aur mere pati ko warning di lekin abhi dobara se wahi sab shuru ho gaya hai. Mein mentally harrased hu aur mera bachcha bhi. Mere pati governemnt employee hai aur aaj tak unohone mera naam ya bachche ka naam apne service record mai nahi likhvaya hai. maine bahut request kari lekin har baar taal dete hai. mujhe apne future ki bahut chinta hai aur us se zyada apne bachche ke future ki. Mujhe saare rights chahiye aur sabse phele is abusive relationship ka solution chahiye. Subah shaam sharab pete hain, office nahi jate 1 week tak bhi ghar bethe hain mere husband. Please meri help kijiye.

Nyaaya

October 25, 2022

We’re so sorry to read about your plight. Thank you for contacting Ask Nyaaya. Here’s what you can do: The wife can file a complaint against the husband in a police station or under the magistrate stating the grounds of divorce as cruelty. To constitute cruelty, the conduct complained of should be “grave and weighty” so as to come to the conclusion that the petitioner spouse cannot be reasonably expected to live with the other spouse. It must be something more serious than “ordinary wear and tear of married life”. The conduct taking into consideration the circumstances and background has to be examined to reach the conclusion whether the conduct complained of amounts to cruelty in the matrimonial law.

poonam

October 18, 2022

Mere Saas Sasur sirf paiso ki lalchi hai, unko paisa de do to woh khush hai nahi to unko hamari problems se koi lena dena nahi hai. Mere pati ko bhadkate hai, mujhe torture karvate hai bas yahi kaam hai unka.
Mere pati kehte hai tujhe apni sarkari naukri ka PF aur Gratuity mai se kuch nahi dunga, tujhe aur tere bachche ko sadak par la dunga. mujhe darr lagta hai kyunki meri private naukri hai.
office ke documents mai bhi changes nahi karva rahe hain 13.5 saal se, request kar karke thak gai hu. mental aur physical torture alag hai.
Mere bachche ko bhi mentally aur physically torture karte hain. Please help

Nyaaya

October 25, 2022

We’re so sorry to read about your plight. Thank you for contacting Ask Nyaaya. Here is the answer: There are a number of means and ways through which a woman can be harassed by her in-laws. The harassment may be either by her husband or her mother-in-law or by any other in-laws.
Cruelty may be either physical or mental. It is not necessary that to get justice against the in-laws a physical cruelty has to happen but a mental cruelty too would serve as a proper evidence to take a legal action against her in-laws.
The provisions of law dealing with the harassment of a woman by her in-laws are Sections 498- A, 509, 304-B, 306, of the Indian Penal(IPC), the Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961.
An aggrieved person may file an FIR under the abovementioned relevant provisions of the IPC.

A complaint can be presented to the Magistrate under Section 12 of the DV Act. Any other person can also file this complaint on behalf of the aggrieved person and sought the reliefs provided under the Act.

Varsha patlar

April 3, 2024

Mai ek pvt job karti hu. Pati ka job chala gaya hai. Ghar pe pura din sota raheta hai. Ghar ka kharcha mai uthati hu. Mere Saas Sasur sirf paiso ki lalchi hai, unko paisa de do to woh khush hai nahi to unko hamari problems se koi lena dena nahi hai. Mere pati ka bhai muje mar dalne ki dhamki deta hai. Uski biwi aur bachhe muje maarte hai aur gaali deta hai. Pati ko pancrea issue hai jo mere gharwalo ko Bataya hi nahi. 4 baar admit kiya hai. Hospital ka kharcha khud kiya hai. Ab mere pass bilkul paise nahi. Aur karja ho chuka hai. Pati kaha kaha se karja leta hai. Woh bhi mai chukati hu. Maayke wale bhi dhyan nahi dete. Kya Karu. Pati ke bhabhi ne ki hui gali galoch aur paise ki maang ka video hai. Bank statement se payment ka details hai. Ab konsa Complaint aur konse section lagau. Muje Ghar khali karna padega kya kyunki Ghar sasur ke naam hai

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