2 Answers
Dear Client.
If you are in immediate danger, call the police or your local emergency number and leave the house if you can reach a safe place with a relative, friend or safe shelter. You can also call the national women’s helpline 181 for urgent assistance and counselling. If you cannot leave, try to stay where there are witnesses or public visibility until help arrives. You can seek medical treatment even if the injuries are minor, and can specifically ask for a Medico-Legal Examination so the injuries are recorded formally. Your husband’s act may attract criminal provisions under the Bharatiya Nyaya Sanhita, 2023. It may include causing voluntary hurt for the injuries under Section 323, causing grievous hurt, in case the injuries are serious under Section 325. If your husband’s conduct constitutes cruelty, Section 498A will be applicable. If he threatens you, it will amount to criminal intimidation under Section 506. These are cognisable offences, meaning thereby that you can get the police to register an FIR and begin an investigation. Under Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023, any information about a cognizable offence must be recorded by the police as an FIR.
Independent of the criminal law, you can also file a complaint under the Protection of Women from Domestic Violence Act, 2005. Through this act, you can seek civil relief such as protection orders restraining the abuser from contacting or approaching you under Section 18. You can also seek residence orders allowing you to live in the shared home and direct the abuser to vacate the space under Section 19. You can also seek monetary relief, maintenance or compensation for mental cruelty under Section 20. You can apply to the local protection officer or magistrate under the Domestic Violence Act. If you have any other queries, please feel free to reach out.
First file NC or FIR in Police station than file Domastic Voilance Complaint before Appropriate court as per your Jurisdiction.