Menu
header photo

LegalSeva

Service in the interest of Justice

Procedure in Domestic Violence Cases in Tricity

 

Domestic Violence in Chandigarh

Domestic Violence can be physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.  Protection of Women from Domestic Violence Act 2005 PWDVA is inclined towards victim and don’t have to wait for police to take cognizance. Woman can still continue to take her recourse under criminal law i.e. 498A.

 

It covers all domestic relationship. Relationship arising out of marriage (wives, daughter-in-laws, sister in laws, widows etc.), blood relationships (mother-sons, sisters-brothers, daughters-fathers, widows) , and other relations in marriage. The women can contest her case from the share household from where he is thrown out. She cannot be thrown out of former except under procedure of law u/s 17. She can file complaint against the husband and the relatives of husband who have perpetrated the violence.

 

If the situation is worse and too urgent, for sake in night, then lady can call the Police, SP and immediately register her DIR which will be taken Magistrate at the earliest.

 

Our constitution safeguards the rights of women who are continuously being exploited either by their husband or male-female members of the family. Under Protection of Women from Domestic Violence Act 2005 PWDVA in short, a complaint can be filed by the victim or close aid having signatures on complaint to Protection Officer (PO), SHO or to Magistrate directly as private complaint.

 

What you can get?

  1. Protection Order- u/s 18
  2. Residence Order- u/s 19
  3. Monetary Relief- u/s 20
  4. Compensation – u/s 22
  5. Custody- u/s 21
  6. Interim/Ex-parte Order- u/s 23

 

In case the women is thrown out of the home, the service provider (SP) can be NGO’s also will make temporary arrangements for the stay. On receiving the complaint court issues the notice in 3 days and the perpetrator of crime has to give reply in written statement. As per section 12 (5) the proceedings have to be completed within 60 days. The victim herself can later on file discharge application for alteration, modification of the order. The case under PWDVA is of civil nature, along with this, a criminal case can also be filed under 498A.

 

Courts can also forward the parties to mediation and conciliation, if desired. You can easily get the list of Protection officers (PO) in your region. Check out this link. Application under PWDVA can be filed as “Interim Application” in pending proceedings. The courts will order as requested in the application or can go beyond the prayer to do justice to the issue at hand.

 

Stages of Trial under PWDVA, 2005:

  1. Information- u/s 4. Woman herself or someone on her behalf can file but duly signed by her. It can be given to Police, Protection Officer (PO) or to the Magistrate.
  2. Complaint- u/s 5 Rule 5 Form 1. Since, the law is Civil, the complaint is filed as Domestic Incident Report. Woman can get the form from authorities and fill herself. Then SP, Police will send to Magistrate.
  3. Application – u/s 12 an application can for relief can be separately filed or in existing divorce and maintenance cases. Even, if current divorce proceedings are going, she can seek protection orders from the court and don’t have to file under PWDVA.
  4. Proceedings- u/s 12 (4) notice to appear in 3 days, interim relief, court can direct counseling, proceedings to be completed in 60 days.
  5. Passing of Order- relief as prayed in application or beyond it.
  6. Discharge/Alter/Modify- u/s 25(1) if no longer violence continues, can ask court to rescind the order.
  7. Appeal- u/s 29 within 30 days of order. If magistrate is hearing then to sessions.
  8. Violation of Order – u/s 31 if the other party violates the term and conditions, then can be arrested. Imprisonment upto 1 year and 20K fine.

 

Counseling can also be sought to help the victim and accused forget the differences and live together. If there is no Protection officer, then lady can request Police to register DIR and forward to magistrate. If police refuses then can approach to magistrate directly. She can also file application under a pending case if already going.

 

Complaints under Domestic violence can also be quashed u/s 482 of CrPC in the High Court of respective states.  As per the latest order of Karnataka High Court, Husband can also initiate Domestic Violence case against the wife. Read the order here.  Usual trend is of wives filing domestic violence cases against the husband but not anymore.

 

Now, the situation us much better than what it was earlier after Arnesh Kumar vs. State of Bihar (Supreme Court ) judgment putting rest to unnecessary arrests but it is always recommended to hire a legal expert before becoming a Hero or martyr eventually.

 

If it is proved that the wife or husband has filed a false complaint then it can be a ground of divorce as per Mangesh Balkrushna Bhoir  v. Sau. Leena Mangesh Bhoir decided on 23rd December, 2015 by Justice R.D. Dhanuka, High Court Bombay. As taken cue from K.Srinivas v. K.Sunita judgment of Supreme Court. Thus, False complaint can be constituted as Cruelty.

 

LegalSeva through its content and awareness initiatives want one irrespective of male-female be assertive of their rights when it comes to violence and exploitation. If are in desperate need of assistance related to Domestic Violence, 498A, Dowry or other matrimonial matters, do share your thoughts on hello@legalseva.net

Go Back