How should I report a domestic violence case


Please advise on the facts On date 30.12.17 domestic voilence crime committed and the offender destroyed the property and used criminal force and intimidation. Shouting to kill another house member me and other wanting to use knife injuries . I made the complain to police and the control room police came at home and wanted us to go to police station. There they took written application and did not provided me the receipt of complain. Suggest what should I do . Still today also the offender commit the crime of DV act . They deprive me on finances and want to deprive me from finances and other gains. I have my legal rights and I cannot be deprived . Please advise me what should I do to make them arrested and send them to jail . How the court of CJM is response on such crime. Should I hire a lawyer in the court or should I directly put it in CJM court with citation . They are commiting the crime with commen intention so please suggest . Suggest and advise.

Answers (5)


81 votes

Dear Client,
As per your query you are looking out for the procedure to be followed in domestic violence cases. There might be chances that you are being subjected to the domestic violence because of the demand of dowry.
So presuming the same here is what you need to do

1) You can immediately lodge a police complaint u/s498A of IPC against your husband and inlaws for subjecting you to cruelty for dowry. After filing this complaint, your husband & inlaws will run around and spend considerable amount of money to get bail,

2. You can then file DV case asking for residential right, maintenance (if you are unemployed), protection etc.,

In case of any other legal advice feel free to contact.

Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

350 votes

well from your description ill assume that you are the wife and you want to file the complaint against your husbands family, if you had written the application to the police, you should go to them again and get your copy of the complaint, if they refuse to provide you with a copy and refuse to register an FIR, you can write a letter to the SSP asking that the concerned police station should file a complaint.
you can also approach the women police station and get an FIR registered under DV act and also under section 498 A IPC.
if the police refuse to file a complaint then you can approach the CJM to file a complaint under section 156(3) Cr.Pc, if you approach CJM it would be advisable to hire a lawyer for proper guidance.

Popular Criminal Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
194 votes

Hello. If you are being beaten abused and threatened with your person or property at the hands of your husband and in laws you may file a case of Domestic violence against them before the court and the court will ask for the probationer officers report in this regard but before filing the case it is advisable as it is clear from your question that the police has not given receipt of your complaint and in this case you should send a written complaint to the police station concerned by registered post and make a mention of the same in your complaint before the court. I would not advise you to file your case yourself if you are not a competent lawyer as you can't handle your case more professionally and legally. .....Regards.

124 votes

You should file a criminal complaint and domestic violence complaint through your lawyer before appropriate judicial magistrate court. You have constitutional rights to file and contest your case before court, if you have well known about related acts. It is your choice.

224 votes

How the person committing offence is related to you is not clear? But anyway you have the right to live peacefully. Either approach to the Police once again with proper content against the offender or approach to the magistrate directly with the help of a lawyer.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles