Domestic Violence and Divorce in India comprises all forms of actual abuse or threat to abuse that can be physical, mental, verbal, sexual, and/or financial in nature. In other words, any form of abuse that causes injury, hurt, harm and/or jeopardises the life, health, safety, limb or well-being of a person, either mentally or physically, is called Domestic Abuse. Domestic Violence is violence that specifically occurs when committed by a member within the household of the victim. A few prime examples of domestic violence in India include 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.

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 Violence:

1. Complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
2. Criminal Case filing under Section 498A of the Indian Penal Code

Section 12 of the Protection of Women from Domestic Violence Act, 2005:

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 enduring 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:

• Residence orders: (explained in Section 19 of the Protection of Women from Domestic Violence and Divorce Act, 2005)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: (explained in Section 18 of the Protection of Women from Domestic Violence Act, 2005) 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.
• Monetary Reliefs: (explained in Section 20 of the Protection of Women from Domestic Violence Act) If the court deems it fit, the respondent shall be liable to provide monetary relief to the victim for the expenses incurred and losses suffered by the victim and/or any child of the victim as a result of the domestic violence.
• Protection of Children: (explained in Section 21 of the Protection of Women from Domestic Violence Act, 2005) 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:(explained in Section 22 of the Protection of Women from Domestic Violence Act, 2005) 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.

Section 498A of the Indian Penal Code:

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 file a domestic violence case through a skilled counsel or professional divorce lawyer in Chennai with experience in handling domestic violence cases. For additional protection, the victim can also seek interim protection, interim relief measures, interim residence or shelter order, compensation and monetary reliefs, and interim child custody through interlocutory applications filed under the main Domestic Violence petition, to ensure immediate safety and protection of well-being of the victims.

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.

Required Documents when filing Domestic Violence Case:

• Aadhar copies of both parties
• Two passport photos of both parties
• Medical records depicting injuries on the victim, medical treatments, psychological assessments, etc. 
• Witness statements
• Emails, chats, voice recordings or videos depicting any form of abuse endured by the victim through the hands of the abuser

Grounds for Domestic Violence:

Domestic Violence and Divorce may take place in any nature of relationships, including marriage, living together, or even in dating. It includes a vast variety of abusive behaviors that can be either physical, verbal, mental, sexual, financial, or psychological. It can further include threats of abuse or other related coercive behavior. Following are some examples of Domestic Violence:

• Physical abuse, such as punching, injuring, burning, or wounding
• Sexual abuse, such as rape, nonconsensual sexual contact, sexual exploitation, sexual coercion
• Emotional abuse, such as manipulation, intimidation, gaslighting, humiliation, coercion
• Financial abuse, such as withholding money as a punishment, financial exploitation,
• Verbal Abuse, such as filthy language, degrading terms, blackmail
• Psychological abuse, such as blame shifting, isolating from friends and family, terrorizing and blackmail
• Technological abuse, such as using technology to control or intimidate, threatening to post intimate pictures and videos, emails, WhatsApp chats depicting abuse
• Dowry Harassment
• Threats to abuse family and friends related to the victim

Conclusion:

Domestic Violence is a crime against women and the society and in many cases, can also be fatal. 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.

Once safety has been attained, the next most important step towards filing a Domestic Violence petition in India is hiring a professional who is skilled in family matters and disputes to ensure your rights and interests are indefinitely protected. 

Karthikeyan Sekar & Co. consists of some of the top advocates in Chennai who expertise in legal consultancy services and run one the best law firms in Chennai. 

For expert opinion on better understanding of legal concerns and concepts visit us at kslegaladvisors.com or call us at 044 4805 3737 or +91 9840484160.