Women are often not safe even in the confines of their homes. It is for this very reason, that the Domestic Violence Act came into force in 2005. The law ensures protection of women from physical, mental, emotional and financial torture in her marital home. And it covers torture beyond the stipulated years for a dowry case – which is usually seven years.
That means, if you are facing violence in your marriage at any stage in life, the law has provisions to ensure your safety.
Women are protected against domestic violence under Section 498A of IPC on the ground of cruelty and The Domestic Violence Act, 2005.
Here, we bring you a step by step simple guide for filing a case under the law and how things proceed, legally.
Step 1- Filing an FIR or Complaint
A survivor of domestic violence can file an FIR against her husband and/or her in-laws by filing an FIR in a police station (covering the jurisdiction where the crime was committed) as the first account of the crime.
Any witnesses to the offence can also file an FIR on her behalf against her husband and/or in-laws.
Other than the police officer, the complaint can also be filed with the protection officer, service provider or directly to the magistrate.
The survivor can also file an FIR online if the State has the facility to file online FIRs.
The National Commission of Women (NCW) also provides the facility to file a complaint by visiting the NCW’s website.
Step 2- Securing Reliefs available under the Domestic Violence Act, 2005
It is the duty of the Protection Officer or any officer or the magistrate to inform the survivor about her rights that are-
(i) A protection order- In simple terms, protection orders protect a person who has been a victim of any kind of violence by restraining the abuser from committing another act of violence. This also includes entering the office of the survivor, entering the school of the survivor’s children, operating bank locker used jointly or alone, transferring any assets, Streedhan or operating bank accounts and locker, causing violence to the ones on which the survivor is dependant among others will be covered under protection orders.
(ii) Order for monetary relief- Monetary relief covers the expenses incurred and losses suffered by the survivor and the child of the survivor as a result of domestic violence. It includes loss of earnings, medical expenses, loss due to damage, destruction or removal of any property, maintenance for survivor and her children, if any.
(iii) Custody order- The Magistrate has the authority to grant a temporary custody to survivor or the one who has made the complaint under her behalf at any stage of passing a protection order or granting a relief.
(iv) Residence order- The wife has to right to live in her matrimonial or shared house and the husband or the in-laws cannot expel her out of the house. When a wife is expelled from the house, the Magistrate can pass direct the husband to remove himself from the shared household, not allowing the relatives of the husband to enter the space in the house where the wife resides, direct the husband to provide the same level of alternate accommodation as the shared household or matrimonial house where she lived etc.
(v) Compensation order- The Magistrate can pass an order to direct the husband or his relatives to pay compensation and any damages for the injuries including mental torture and distress caused by the act of domestic violence.
Step 3- Magistrate must begin hearing of the case within 3 days of receiving the complaint
Once the Magistrate receives the complaint, it is his/her duty to commence the hearing of the case within 3 days of filing the complaint. If the Magistrate receives the complaint directly, then the hearing begins within 3 days of receiving that complaint from the survivor. If the Magistrate receives it from the Protection Officer then, the hearing begins within 3 days of receiving the complaint from Protection Officer.
The Magistrate shall also give the notice of the date of hearing to the Protection Officer who shall issue it to the accused.
Step 4- Court Proceedings
The survivor can request the Magistrate to conduct the proceedings in camera, therefore it will not be necessary for the survivor to be physically present in the court during hearing.
The court shall, as far as possible, dispose the case within a period of sixty days from the date of the first hearing.
Step 5- The Judgement: Punishments and compensations
Case I- When complaint is filed under Domestic Violence Act, 2005
If found guilty of domestic violence, the Court can pass following reliefs and orders-
- Compensation or Damages for Injuries [Section 12(2)]- A survivor can get relief by means of compensation if she has been injured caused by acts of domestic violence under this section.
- Right to Reside in a Shared Household (Section 17)- Every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. She cannot be expelled out of her house by the husband or his relatives.
- Protection Orders (Section 18)- The Magistrate can pass the protection order that will protect the survivor of domestic violence from the abuser and can prohibit the husband or his relatives from committing an act of domestic violence against her or her relatives, entering her place of employment, entering the school of her children, trying to communicate with her, transferring her assets, using her bank account etc.
- Residence Orders (Section 19)- The wife has to right to live in her matrimonial or shared house and the husband or the in-laws cannot expel her out of the house. When a wife is expelled from the house, the Magistrate can pass direct the husband to remove himself from the shared household, not allowing the relatives of the husband to enter the space in the house where the wife resides, direct the husband to provide the same level of alternate accommodation as the shared household or matrimonial house where she lived etc.
- Monetary Reliefs (Section 20)- The Magistrate can pass an order for monetary relief so that the survivor of domestic violence can get back the money spent on medical expenses, loss of earnings, loss caused due to destruction of property and maintenance of herself and her child.
The monetary relief granted must be fair, adequate, reasonable and consistent with the standard of living to which the survivor is familiar to. If the husband fails to pay the money, the Magistrate may ask the employer or debtors of the husband to pay money to the survivor.
- Custody Orders (Section 21)- The Magistrate has the authority to grant a temporary custody to survivor or the one who has made the complaint under her behalf at any stage of passing a protection order or granting a relief. The Magistrate can also specify as to when and where the children should visit the accused. If the Magistrate feels that the accused visiting the children might be harmful, he/she may pass the order to not visit the accused at all.
- Compensation Orders (Section 22)- Other than compensation for physical injuries, the survivor can also claim compensation for mental torture and emotional distress under this Act if she has been subjected to the same.
Case II- When the complaint is filed under 498A of IPC
If found guilty under Section 498A of IPC that deals with cruelty, the accused that subjects the woman of such cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.