Domestic Violence Cases are filed by women who are subjected to any atrocities cruelty or injuries or threats or harassment or any sort of abuse in the nature of physical or mental or emotional or economical injuries. It is governed under the Protection of Women from Domestic Violence Act 2005 which protects the rights and well-being of a woman.
Who is covered under this Act?
Any woman who may be a wife, mother, sister or widow, or sister-in-law living in a shared household.
Who can file a complaint under this Act?
Any female in a shared household who alleges to have been subjected to any act of domestic violence may file a complaint under this Act.
Against whom can a complaint be filed?
Against a male member of the family or relatives of such male member who had committed an act of violence under this Act.
Where can a domestic violence case be filed under this Act?
A case be filed within the jurisdiction of –
- a magistrate within whose jurisdiction where the husband and wife last resided together.
- Magistrate Court within whose jurisdiction the husband is residing after separation.
- Magistrate Court within whose jurisdiction the wife is residing after separation.
We provide our expert service in this regard in defending as well as prosecuting the case. We have vast court experience in this regard. We also try to effectively negotiate and settle the matter between the parties so that the parties can be saved from the traumatic experience of domestic violence proceedings.
The procedure under Domestic Violence Cases –
- Filing of application for domestic violence through Domestic Violence Lawyer.
- Reply of the other side filed by their DV lawyer.
- Interim Application for domestic violence act maintenance.
- Reply to the of the Interim Application by other side DV lawyer.
- Argument on Interim Application by both DV lawyers.
- Order on interim maintenance.
- Evidence and documents by the Applicant and cross-examination by the other side lawyer.
- Evidence and documents by the opposite side and cross-examination by your lawyer.
- Final argument.
- Order/ Judgement.