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


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


High Court Lucknow

Latest Advice

Stepmother can get share in ancestral property after death of father

My stepmother is asserting her share in the ancestral property, currently registered under my late grandfather’s name, who passed away four years ago. The property is yet to be distributed, and my stepmother vacated our ancestral home three years ago, residing elsewhere with her daughter. The daughter, who lived with us before marrying 25 years ago and subsequently leaving our house, is now asserting her rights over the property. I seek advice on the validity of my stepmother and her daughter’s claim to my father’s property following his demise.

I lied to my boyfriend about my divorce now he refuses to marry

In 2017, I separated from an abusive marriage. After some time, I started dating someone. In 2021, I got divorced, but I didn’t disclose this to him because I was concerned that he might judge me. Now he is refusing to marry. We have been in a sexual relationship for three years. He is 23 years old and my age is 38. I love him because his sexual orientation meets my desire. How to initiate a legal process to compel him for marriage?

Can a single accused seek quashing of FIR

An FIR has been filed against four accused individuals, and Accused No. 4 possesses a distinct identity. Question: Is it possible for the High Court to quash the FIR only against Accused No. 4? An FIR has been registered, and a C-Summary has been submitted to the Honourable Magistrate. The complainant has filed a Protest Petition, leading the Honourable Magistrate to return the C-Summary to a new Investigating Officer for further inquiry. Question: At this stage, can the alleged Accused No. 4 seek relief by approaching the High Court to have his name quashed from the FIR?

School authorities are creating a private nuisance

I have been living in a residential area for more than 17 years. There is a school behind our house, and it does not have any wall connecting to our house. Recently, they have constructed a horse shed without any wall, using iron pillars. Now, I am unable to sleep in my bedrooms due to the horses kicking on my wall and the noises they create. Additionally, I am unable to use my rooftop because of the foul smell generated by their excreta. The condition of my wall is deteriorating due to this shed. I had previously approached the SDM office, but the opposing party allegedly bribed the official. What legal remedy should I pursue against the school authorities?

My wife and her family don’t allow me to meet my daughters

My wife and her family does not allow to meet my daughters since 1 year. My elder daughter is of 3 years and younger is of 10 months but they not allow me to meet them. many times me and my family members try to take her back to house but she demand to do property on her name .since 1 year she is with her parents she did not even tell me how is my daughter’s and did not allow to talk to them on call.

Husband denied to access my matrimonial home

I resided with my husband for a duration of five months in an apartment. The house is registered in the name of my father-in-law, yet my in-laws reside in a different state. I am the individual who invested all of my finances in the interior and household accessories for the house. This decision was made under the understanding that it is my residence, and consequently, I am accountable for its furnishings. I willingly accepted and utilized my entire salary for this purpose.

However, my husband is engaged in an extramarital affair and desires to marry his girlfriend. He is pressuring me to initiate a divorce and is also subjecting me to physical harassment. In response, I have filed for a Domestic Violence Complaint (DVC) seeking a residential order. Unfortunately, I am being denied access to my home, with the explanation that it belongs to my father-in-law. I am in need of assistance; please help me.

CO of the same regiment headed SCM: Can I challenge the proceedings of SCM?

I was detailed on duty on 2045 hours thereafter, an officer came and found me sleeping. He then slapped me and called me to appear in office on the next day. On the very next day that officer abused me then I slapped him in front of some other soldiers. This incident was recorded and SCM was recommended after the court of inquiry. The CO of the same regiment headed the SCM. He was biased and conducted one sided trial. Thereafter I am discharged from the service. My total length of service is thirteen years nine months sixteen days. Is there any change of reinstatement?

Terminated from service on the ground of bigamy

Enlisted in the Indian Army in 2001, I married in 2006. While on duty in Arunachal Pradesh, my wife engaged in an extramarital relationship with a civilian, prompting me to send a legal notice for divorce. We divorced in 2013 after she initially filed a divorce and maintenance case in 2010, which we later resolved through mutual consent. In the same year, she also accused me of bigamy, leading to termination from the Army. Seeking guidance on the appropriate course of action in this matter.