Legal Advice

I am facing a distressing situation where my husband is physically abusing me

Question: I am facing a distressing situation where my husband is physically abusing me due to his anger issues and displaced anger. Unfortunately, he not only directs this aggression towards me but also towards his parents. Moreover, his parents seem to be overly protective of him and react negatively towards me whenever he says anything negative about them. We have only been married for a few months, and yet he has already hit me twice. Communication with him is difficult, as he avoids talking to me. Adding to my distress, his parents subject me to severe verbal abuse. I am deeply concerned for my safety and well-being. In light of these circumstances, I feel the need to end this marriage to protect myself from further harm

Advise

If you find yourself in this situation, it is essential to seek the remedies provided for an aggrieved person under the Domestic Violence Act. As you have experienced both physical and verbal abuse, it is crucial to pursue a protection order, a residence order, and monetary relief available under the act to safeguard yourself and your well-being.

Under the Protection of Women from Domestic Violence Act 2005, an aggrieved person can seek protection and relief from domestic violence. Here’s how the Act helps in safeguarding the aggrieved person:

  1. Protection Order: The aggrieved person can apply for a protection order, which prohibits the offender from committing any act of domestic violence or aiding in such acts. This order aims to prevent the offender from contacting, disturbing, or harming the aggrieved person.
  2. Residence Order: The Act allows the aggrieved person to seek a residence order that ensures her right to live in the shared household without any disturbance from the offender or his relatives. This order can also provide the right to temporary residence in case the shared household is deemed unsafe.
  3. Monetary Relief: The Act provides for monetary relief to the aggrieved person, which includes compensation for medical expenses, loss of earnings, and any other financial losses incurred due to the domestic violence.
  4. Custody Orders: If the aggrieved person has children with the offender, she can seek custody orders to ensure the safety and well-being of the children.
  5. Compensation: In certain cases, the court may order the offender to pay compensation to the aggrieved person for the injuries and damages caused due to domestic violence.
  6. Counseling and Support: The Act empowers the court to direct the offender to attend counseling programs to address his violent behavior. It also allows for support services and assistance to be provided to the aggrieved person.
  7. Emergency Assistance: In urgent situations, the aggrieved person can approach the Protection Officer or the police to seek immediate help and protection.
  8. Breach of Protection Order: If the offender violates the protection order, he can be penalized with imprisonment and/or fines.

To seek protection and avail of these remedies, the aggrieved person can approach the nearest Protection Officer, police station, or the court, and they will guide her through the process of obtaining the necessary orders and assistance. It’s crucial to take prompt action to ensure the safety and well-being of the aggrieved person.

You should contact the district protection officer for taking appropriate legal action against your husband under the domestic violence act. The protection officer shall prepare a report of domestic violence and submit it to the judicial magistrate by filing a complaint under Section 12 of the domestic violence act 2005.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Domestic Violence | Family Law

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