Procedure in case mental torture by husband and mother in law

Your case falls within the ambit of the Protection of Women from Domestic Violence (PWDV) Act, 2005 and the Indian Penal Code, 1860 (IPC). Filing a complaint under the above laws involves the following steps:

1. Filing a Complaint: The victim or a person on behalf of the victim can file a complaint before the Magistrate or Protection Officer in the prescribed format under the PWDV Act. The complaint can be filed either in person or through an advocate.

2. Preparation of Petition: A petition needs to be prepared that describes the facts of the case and the relief sought by the victim. This petition should be supported by an affidavit.

3. Hearing of the case: Once the petition is filed, the Magistrate will issue a notice to the respondent (the person who has committed the act of domestic violence) and hear the case. The respondent is given an opportunity to file their reply.

4. Interim Relief: The Magistrate may pass an interim order for the protection, residence, and maintenance of the victim or children. This is done to provide immediate relief to the victim.

5. Evidence: The Magistrate will hear the evidence presented by both parties and make a decision based on the facts of the case.

6. Decision: The Magistrate will pass a final order based on the evidence and decide on the relief sought by the victim.

If the offence of cruelty is also alleged along with domestic violence, a separate complaint can be filed under Section 498A of the IPC. This section deals with the offence of cruelty by a husband or his relatives towards a married woman. Additionally, you can also file a complaint against Abetment to Miscarriage under Section 313 IPC read with Section 116 of IPC.

It is recommended that the victim seeks the assistance of a lawyer in filing a case for domestic violence and cruelty as the legal process can be complicated and challenging.