Answer By law4u team
Domestic violence in India is legally recognized to include not only physical harm but also mental, emotional, and economic abuse within the family. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) extends protection not only against husbands but also against relatives living in the shared household, including in-laws. Women facing abuse from in-laws can file complaints and seek protection and relief through specialized legal channels designed to ensure their safety and dignity.
Procedure to File a Domestic Violence Complaint Against In-Laws
1. Identify the Aggrieved Person and Respondents
The woman (aggrieved person) files the complaint.
Respondents can include the husband and/or in-laws residing in the shared household.
2. Approach a Protection Officer or Police Station
Visit the nearest Protection Officer appointed under the PWDVA or the local police station.
Protection Officers assist with filing complaints and guide the aggrieved through the legal process.
Police can register an FIR if the complaint involves criminal acts.
3. Drafting the Domestic Violence Complaint (DV Complaint)
The complaint should detail the nature of abuse (physical, verbal, emotional, economic).
Mention names of accused in-laws and specific incidents with dates if possible.
Attach any supporting evidence (medical reports, photographs, messages, witness statements).
4. Filing the Complaint in Family Court or Magistrate Court
The complaint is filed in the Family Court or Magistrate Court having jurisdiction over the area.
The court can issue Protection Orders to prevent further abuse or harassment by the in-laws.
The court may also grant Residence Orders allowing the woman to live in the shared household or seek alternative accommodation.
5. Relief and Remedies Available
Protection Orders (restraining the in-laws from harassment).
Monetary Relief for losses or expenses due to abuse.
Custody Orders if children are involved.
Compensation Orders for physical and mental harm.
Counseling and rehabilitation support.
6. Police Action and FIR
For physical assault or criminal intimidation, an FIR can be registered.
Police investigation and possible arrest of offenders.
Support from women’s help lines and NGOs may also be available.
Legal and Social Support
Women can contact National and State Women’s Commissions for assistance.
NGOs and legal aid clinics provide counseling, legal advice, and shelter if needed.
Protection Officers and Family Courts facilitate mediation and counseling sessions.
Consumer Safety Tips (For Women Filing Complaints Against In-Laws)
Keep detailed records of abuse incidents.
Collect medical and photographic evidence wherever possible.
Seek immediate medical help in case of physical injury.
Stay in touch with trusted friends or relatives.
Use helpline numbers and legal aid organizations for support.
Example
Scenario:
Rekha faces constant verbal abuse and economic harassment from her husband’s parents, who deny her basic necessities and insult her publicly.
Steps Rekha can take:
Approach the local Protection Officer or police to report abuse.
File a domestic violence complaint under the PWDVA mentioning her in-laws as respondents.
Submit evidence like messages and witness testimonies to support her claim.
Family Court issues a Protection Order preventing the in-laws from further harassment.
Rekha receives counseling support and may obtain monetary relief and residence rights through court orders.
This ensures Rekha’s legal rights are protected and she receives relief from the abusive environment created by her in-laws.
