Procedure to file a case for domestic violence & claim of maintenance

187 votes

If you or your child have experienced domestic violence, you have the right to file a complaint and claim maintenance under the Protection of Women from Domestic Violence Act (PWDVA), 2005. Here are the steps you can take to file a domestic violence case in India and claim maintenance for your child:

1. Approach the police: You can approach your local police station and file a First Information Report (FIR) under Section 498A of the Indian Penal Code (IPC), which deals with cruelty by a husband or his relatives towards a woman. The police will conduct an investigation and take necessary action.

2. Approach the Protection Officer: Under the PWDVA, every district has a Protection Officer who can assist you with filing a complaint and seeking protection. You can approach the Protection Officer of your district, who will provide you with the necessary information and support.

3. File a petition in the court: You can file a petition in the Magistrate Court under the PWDVA, seeking protection, compensation, and maintenance for yourself and your child. You will need to provide evidence of domestic violence, such as medical reports, photographs, and witness statements.

4. Attend the court hearings: Once you file the petition, you will have to attend court hearings and provide evidence to support your case. The court will then decide on the appropriate action to take, such as issuing a protection order, directing the abuser to pay compensation, and ordering maintenance for you and your child.

5. Obtain a maintenance order: If the court grants maintenance, you will need to obtain a maintenance order, which is a legal document that states the amount of maintenance to be paid by the abuser. You can then enforce the order through legal means if the abuser fails to comply.

It is important to note that you can also approach non-governmental organizations (NGOs) that work on women's rights and provide legal aid and counselling. They can assist you in filing a domestic violence case and claiming maintenance for your child.

LawRato LawRato

858 votes

1.How to file a domestic violence case
You need to approach a local lawyer for this purposes
The offence of domestic violence is covered by both- section 498a of the Indian Penal Code, 1860 and by the Domestic Violence Act, 2005.
Any kind of harm/ injury that is likely to endanger the life, health, limb and well-being of the woman whether physical or mental. Or any harassment with a view to coerce the woman or any person related to her to meet any unlawful demand of property or security (dowry).
you can file Dv case . it is a continuing offence . since your husband is refusing to maintain you, you can file case claiming right to stay in shared household . you can also seek alternative accommodation . you can ask for maintenance for yourself and your Child

DV is a continuing offence. In DV case you can seek protection order , right of maintenance , right to stay in shared household or alternative accommodation . in addition you can seek compensation for mental torture undergone .

2.Procedure for filing a domestic violence case

The victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate.
A domestic violence case is heard by the judge of the court within whose local limit either the victim resides or the accused or where the action has been committed.

3 can i get maintenance for my child immediately?
You can get interim orders for maintenance, you an unemployed lady, getting good order of maintenance is not difficult. And interim maintenance can be obtained in within 6 months from the date of filing the case.
4. Evidence to prove Domestic Violence:
1. Any email, Whats App etc. conversations that depicts sour relations or bad treatment from the husband.
2. If any physical abuse, then the Medico Legal Certificate (MLC). You can obtain a requisition letter by lodging a NC at police station.
3. It mostly happens inside house so eye witness is difficult in this case but have someone to witness in court for any physical harassment.
4. Any Audio / Video recording that shows you are being suffered.

Advocate Edward D'souza LawRato

855 votes

In dv case you need proof of violence to prove your case domestic violence need not be physical it may be economical too... You can get maintenance for your child under 125 Crpc with In two months from date of filing petition

Advocate Swarnarka Chowdhury LawRato

584 votes

To file a domestic violence case the petitioner has to provide Marriage Invitation card, Marriage Photos and Local address and ID proof and we have to approach the jurisdiction Court of MMTC (Metropolitan Magistrate Traffic Court) . to get the maintenance for the child we need to file an IA.

Advocate Jayanthi C LawRato

572 votes

First we need to know the details what had happened then only we can suggest what to do, if you can seek maintainance to your child if you can prove your version and also you can file DV case if you show primafacie, its better to meet dirctly in office so that we can discuss the same.

Advocate Rajendra Prasad N C LawRato

77 votes

The Protection Officer or Service Provider must prepare a DIR (as provided by the Domestic Violence Act), and submit it to the Magistrate. Copies of this DIR should be given to the officer in charge of that police station.

Advocate Chikirsha Mohanty LawRato