To file a case under the Protection of Women from Domestic Violence Act, 2005, follow the steps given below:
Visit the nearest police station:
Visit the nearest police station and lodge a complaint against the accused person(s) under Section 498A of the Indian Penal Code (IPC) and the Domestic Violence Act, 2005.
Approach the Magistrate:
If the police fail to take any action, or if you want to file a separate case, approach the Magistrate’s court of your area.
Visit the court:
Visit the court which has jurisdiction over the area where the aggrieved person resides or where the domestic violence took place.
Get the complaint form:
The court staff will provide you with the complaint form which needs to be filled in and signed. It is advisable to take the help of a lawyer to fill in the complaint form.
Provide details:
The complaint form should contain details such as the name and address of the aggrieved person, the respondent, the details of the domestic violence, and the relief sought.
Attach supporting documents:
The complaint form should be accompanied by supporting documents such as proof of identity, address proof, marriage certificate, medical records, photographs, and any other evidence that substantiates the complaint.
Pay the court fees:
For filing the complaint, you need to pay the court fees. The amount of court fees may vary from state to state.
Submit the complaint:
Once the complaint form and supporting documents are complete, you need to submit them to the court.
Appear before the court:
The aggrieved person and the respondent will be called before the court. The court will listen to both sides. They may also seek the assistance of a protection officer or a service provider.
Get an interim order:
The court may confirm that domestic violence has taken place. Then, it may pass an interim order for protection of the aggrieved person.
Attend further hearings:
The case will be listed for further hearings where evidence will be presented and witnesses will be examined.
Obtain the final order:
The court may confirm hat domestic violence has taken place. Hence, it will pass a final order for the protection of the aggrieved person.
Before filing a case, you can file a complaint. It is advisable to take the help of a lawyer to file a case under the Protection of Women from Domestic Violence Act to ensure that all legal procedures are followed correctly.
