police not registering Fir in domestic violence case against husband

760 votes

Send your complaint under the domestic violence act by registered post to the consent police station, even if he fails to take legal action against the husband, you can file a private complaint in the competent court of law, through advocate.

Advocate Najmuddin Shaikh LawRato

989 votes

File a written complaint with se. Inspector of police in local police station of area and also inward the copy of complaint to the office of additional commission, commission of police and deputy commissioner and keep filing reminders... Still fir they don't register the fir then file private complaint before magistrate u/s. 153 of Cr.P.C. or 202 of Cr. P. C

Advocate Narendra Sharma LawRato

667 votes

Dear client, at present I can't under which aarea you lives, but you can write letter to supridendant of police of that area.and the police station which not accepting your application. A case of 498A can be framed in a case.do not hesitate to contact me proper guidance.

Advocate Vijay Kalu Wani LawRato

67 votes

When you are facing domestic violence and the police are not registering an FIR (First Information Report), it can be a distressing situation. Here are steps you can take to address this issue:

1. Contact a Legal Aid Organization: Reach out to a legal aid organization or a women's rights organization in your area. They can provide you with legal guidance and support in dealing with domestic violence cases.
2. Consult an Advocate: It is advisable to consult a qualified advocate or lawyer who specializes in domestic violence cases. They can guide you on the legal recourse available to you and help you initiate the necessary legal proceedings.
3. Document Evidence: Collect evidence of the domestic violence, such as photographs of injuries, medical reports, eyewitness statements, or any other relevant proof. This documentation can strengthen your case.
4. Protection Order: You can apply for a protection order under the Protection of Women from Domestic Violence Act, 2005. This order can provide you with protection from further violence.
5. Approach the Magistrate: If the police are not cooperating, you can approach the nearest magistrate's court. File a private complaint under Section 156(3) of the Code of Criminal Procedure (CrPC) to request the court's intervention in registering an FIR.
6. Legal Notice: Your lawyer can send a legal notice to the police station where you attempted to file the FIR, highlighting their duty to register complaints related to domestic violence. Sometimes, this notice can prompt the police to take action.
7. Contact the Superintendent of Police: If necessary, you can escalate the matter to the Superintendent of Police (SP) or the Commissioner of Police, seeking their intervention in registering the FIR.
8. Public Interest Litigation (PIL): In extreme cases where the police's inaction is widespread or systematic, you can explore the option of filing a Public Interest Litigation (PIL) in the High Court to address the issue.
9. Seek Support from Women's Helpline: Contact a women's helpline or a helpline for domestic violence victims. They can provide emotional support and guidance on legal steps.
10. Stay Safe: Ensure your safety and the safety of your children if applicable. If you are in immediate danger, contact emergency services.

Remember that domestic violence is a serious matter, and there are legal provisions in place to protect victims. It's crucial to seek legal assistance and not give up if the police initially refuse to register an FIR. Consult with a lawyer who can guide you through the legal process and help you seek the protection and justice you deserve.

Advocate Chikirsha Mohanty LawRato