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Is it mandatory to send a legal notice to my sister-in-law before the filing of a domestic violence case?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Domestic Violence

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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.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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