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AnsweredFeaturedFamily Law

Facing domestic violence — what legal protections are available in India?

Asked by Kavita Mehta25 May 202515,600 views
I am a 32-year-old woman living in Delhi. My husband has been physically and emotionally abusive for the last 4 years. I have photographs of injuries and some voice recordings. I want to leave but I'm scared and don't know where to start. Please help me understand: 1. What is the process for filing a complaint under the Domestic Violence Act? 2. Can I get a protection order immediately? 3. Can I get custody of my 3-year-old son? 4. Do I have a right to stay in the matrimonial home? 5. How do I find a good lawyer for this? Also, what about my financial security — can I get maintenance during the proceedings?
domestic violenceDV Actprotection ordermaintenancelegal help

1 Answer

A
Adv. Farhan Ali KhanView Profile✓ Accepted
Answered 26 May 2025
You are not alone. The Protection of Women from Domestic Violence Act, 2005 provides comprehensive protection. Here's your roadmap: **1. Filing a DV Complaint:** - Go to the nearest police station or file directly in the Magistrate's court - You can also approach a Protection Officer appointed under the DV Act - The complaint can be filed even without a lawyer initially **2. Immediate Protection Orders:** Yes! Under Section 18, the magistrate can issue a protection order the same day or within a few days. This prevents your husband from contacting or approaching you. **3. Child Custody:** Section 21 of the DV Act allows the court to grant interim custody of your child to you. Since your son is 3, the court will almost certainly award custody to you with visitation rights for the father. **4. Right to Matrimonial Home:** The DV Act gives you an absolute right to reside in the shared household (Section 17). You cannot be evicted. You can also get a residence order if you need to go back. **5. Maintenance:** Yes, you can claim maintenance under Section 20 for yourself and your child. The amount depends on his income. **Finding a Lawyer:** - Reach out to the Delhi State Legal Services Authority (free legal aid) - Look for lawyers specialising in DV Act and family law - Many women's NGOs provide free legal assistance **Emergency:** If you're in immediate danger, call 112 (emergency) or 181 (women's helpline). Please take action. You have the law on your side.
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