Question: Is it mandatory to send a legal notice to my sister-in-law before the filing of a domestic violence case? My sister in law has harassed me and today she threw me out of my husband’s house at 9 pm along with my 2 years old daughter. Staying with my parents but no one is supporting me. Husband went to Delhi for work today.
Asked from: Bihar
Not necessary to send a legal notice to your sister-in-law before initiating legal proceedings against her in the Domestic Violence Act. Your sister-in-law has abused you physically thereby she has committed an offence under the DV Act.
You should file an application/complaint under Section 12 of the DV Act. Adduce evidence towards the acts of abuse along with the complaint. It is your matrimonial home therefore, your sister-in-law has no power to dispossess you from that house.
You should seek a residence order under Section 19 of DV Act because a legally wedded wife has the right to residence in the shared household. It may be possible that your sister-in-law may reiterate the act of physical abuse hence you should also seek protection order under Section 18 of the DV Act.