Domestic Violence in India includes all forms of actual abuse or threat to
abuse that can be verbal, physical, emotional, sexual, and/or economic in
nature. In other words, any abuse that causes harm, injury, and/or endangers the
life, safety, health, limb or well-being of the aggrieved person, either
mentally or physically, is called Domestic Abuse.
Domestic Violence is abuse that specifically occurs when it is committed by a
member of the victim's household. Harassment (physical, verbal or emotional)
caused to a woman or to her relatives, sexual abuse of minor children, marital
rape, emotional coercion, unlawful dowry demands, and/or deprivation of liberty,
whether in public or private are some of the prime examples of Domestic Violence
Under such unfortunate circumstances, the most crucial legal advice given to
victims by divorce lawyers in chennai is distancing oneself from the abuser and
filing a Divorce.
There are two steps that can be taken by victims in case of Domestic
- Complaint under Section 12 of the Protection of Women from Domestic
Violence Act, 2005.
- Case under Section 498A of the Indian Penal Code
Complaint u/s 12 of the Protection of Women from Domestic Violence Act:
Top lawyers in chennai suggest victims file a complaint under Section 12 of the
Protection of Women from Domestic Violence Act, 2005 to ensure the victim is
safe and away from any further abuse. Within 3 days of filing the complaint, the
magistrate shall begin hearing the matter and issue summons to the Respondent
and Protection Officer for appearance and procuring the Domestic Incident
Report. Depending upon the incident and violence, the magistrate shall grant
necessary orders as interim relief, before the final judgement is rendered.
These orders include:
Case u/s 498A of the Indian Penal Code:
- Residence orders: For any reason, if the victim has nowhere else to go, the court issues residence orders to ensure the accused cannot harm the victim or eject the victim from the marital house.
- Protection orders: To ensure the accused person cannot harass the victim or the victim's family members and also refrains the accused from entering the house or workplace of the victim.
- Protection of Children: If the court deems it fit, the applicant will also be provided interim custody of the children to ensure safety of the child's physical and mental well-being.
- Compensation orders: The court also has the authority to order the accused to pay compensation towards injury, emotional distress, medical bills and/or any other losses incurred by the victim during the course of the said domestic violence.
The victim can also file a complaint against the husband or relative at the
local Police Station of the neighbourhood. As a result, the husband or relative
can be the subject for an FIR with an offence under Section 498A. The victim can
then seek legal advice from a professional divorce lawyer in chennai with
experience in handling domestic violence cases. A convicted person may be
punished with a 3 year prison sentence, or a fine, or both for the crime of
domestic violence in india under Section 498a of the Indian Penal Code, 1860.
If you or anyone you know, are currently subjected to Domestic Violence, please
call the local helplines for support and assistance. In addition to the
aforementioned helplines, you can also call the Protection Officer of your city
to ensure utmost safety of you and your family.