What constitutes domestic violence under Indian law?
Domestic violence includes physical abuse, emotional abuse, sexual violence,
economic deprivation, and psychological harassment. The Protection of Women from Domestic
Violence Act, 2005, covers all these forms of abuse and provides legal remedies.
How can a victim file a domestic violence complaint?
A victim can file a complaint at the local police station, approach a
magistrate court under the PWDVA, or seek assistance from protection officers appointed
under the Act. Our firm provides step-by-step guidance in this process.
What legal remedies are available to victims of domestic violence?
Victims can seek protection orders, residence orders, financial maintenance,
custody of children, and compensation for damages under the PWDVA. Criminal charges under
the IPC can also be pursued for severe offenses.
Can a husband file a case under domestic violence laws?
Although the PWDVA primarily protects women, men who face domestic abuse can
seek remedies under general laws like the IPC and seek protection under civil laws for
harassment and abuse.
What should I do if I am falsely accused of domestic violence?
If falsely accused, you should immediately seek legal assistance, gather
evidence in your defense, file counter-complaints if necessary, and apply for anticipatory
bail to avoid arrest.
What is the punishment for domestic violence under the IPC?
Punishments vary based on the severity of the offense. Under Section 498A IPC
(cruelty by husband or relatives), the accused may face imprisonment for up to three years
along with a fine.
Can a victim of domestic violence claim financial maintenance?
Yes, victims can claim maintenance under the PWDVA and Section 125 CrPC.
Courts consider factors such as the financial status of the parties and the needs of the
victim.
Can domestic violence cases be settled outside court?
Yes, mediation and settlement are possible in cases where both parties agree
to reconciliation or financial compensation. However, serious offenses under the IPC may not
be compoundable.
Can a protection order be violated?
If the accused violates a protection order, it is a punishable offense, and
the victim can seek immediate police intervention. The court may impose stricter penalties
for non-compliance.
How long does it take to resolve a domestic violence case?
The duration of a case varies depending on its complexity, the evidence
involved, and court proceedings. Some cases may be resolved within months, while others may
take longer.
