Client Location: Delhi, India
Case Type: Domestic Violence / Protection of Women from Domestic
Violence Act, 2005
Problem
A woman victim approached KMG Legal after enduring repeated physical and emotional abuse
from her husband and in-laws over several years. Matters escalated to a point where she
feared for her safety and was being pressured to leave the matrimonial household,
despite having no independent means to support herself.
With growing threats and no immediate protection in place, she needed urgent legal
intervention to ensure her safety and secure her right to continue living in her
matrimonial home.
Legal Strategy
The legal team at KMG Legal adopted a structured and result-oriented approach:
- • Filed a complaint under the Protection of Women from
Domestic Violence Act, 2005 before the appropriate Delhi court, seeking protection,
residence, and monetary relief
- • Filed a separate criminal complaint under Section 85
and 86 of the Bharatiya Nyaya Sanhita, 2023 (cruelty by husband and relatives)
against the husband and in-laws
- • Compiled evidence of the abuse, including medical
records and witness accounts, to support both proceedings
- • Sought an immediate protection order along with
interim monetary relief to meet the client's day-to-day needs
- • Pursued bail proceedings on the criminal side once
the in-laws were arrested, while continuing to press the civil reliefs in parallel
Result
The court granted an interim protection order within days, restraining the husband and
in-laws from further abuse or harassment, along with a residence order securing the
client's right to stay in the shared household. Monetary relief was awarded to cover her
monthly expenses. Moreover, the husband and in-laws were arrested under the cruelty
complaint and later released on bail.
Key Takeaway
A domestic violence matter often runs on two tracks at once: the Domestic Violence Act,
which secures protection, residence, and monetary relief for the victim, and a separate
criminal complaint, which can lead to the arrest of the accused where the cruelty is
serious enough. Pursuing both together, with proper documentation, gives a victim both
safety and financial support while holding the accused accountable under the law.
