Domestic Violence Lawyer in Delhi
Domestic violence is not only physical — it includes mental cruelty, verbal abuse, financial control and sexual violence within a domestic relationship. The Protection of Women from Domestic Violence Act, 2005 provides strong legal protection and remedies for victims. Adv. Sameer Khan handles DV Act cases and related criminal matters at Dwarka District Court and Delhi courts with sensitivity and determination.
Types of Domestic Violence Under the DV Act
- Physical abuse — beating, slapping, pushing, causing bodily harm
- Sexual abuse — sexual assault or coercion within marriage
- Verbal and emotional abuse — insults, humiliation, threats, intimidation
- Economic abuse — denial of financial resources, forcing to leave employment, controlling assets
- Harassment for dowry — demands for dowry or other property
- Stalking and surveillance — monitoring movements, phone calls, restricting freedom
Reliefs Available Under the DV Act
- Protection Orders — court order restraining the abuser from committing violence
- Residence Orders — right to remain in the shared household
- Monetary Relief — compensation for medical expenses, loss of income and property damage
- Custody Orders — interim custody of children
- Compensation Orders — damages for mental agony and emotional distress
- Criminal prosecution — Section 498A / 85 BNS for dowry cruelty
DV Act Case Process
Section 498A / 85 BNS — Dowry Harassment
Section 498A of the IPC (now Section 85 of Bharatiya Nyaya Sanhita) is a criminal provision that deals with cruelty by a husband or his relatives towards a wife — particularly for dowry demands. An FIR can be filed at the local police station. We represent both complainants seeking justice and accused persons who have been falsely implicated.
Frequently Asked Questions
The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides civil remedies to women who are or have been in a domestic relationship and have faced domestic violence — including physical, sexual, verbal, emotional and economic abuse. It allows women to obtain protection orders, residence orders, monetary relief, custody orders and compensation through a fast-track process before a Magistrate.
Any woman who is or has been in a domestic relationship with the respondent — including wife, daughter-in-law, mother-in-law, sister, mother or live-in partner — can file a complaint under the DV Act. A complaint can also be filed by a Protection Officer, a service provider, or any person on the woman's behalf.
Under the DV Act, a woman can obtain: (1) Protection Orders — restraining the respondent from committing acts of violence; (2) Residence Orders — right to stay in the shared household or alternate accommodation; (3) Monetary Relief — compensation for losses and injuries; (4) Custody Orders — interim custody of children; (5) Compensation Orders — damages for mental torture and emotional distress.
The DV Act is primarily a civil remedy law — the reliefs (protection orders, residence orders, monetary relief) are obtained through civil proceedings before a Magistrate. However, breach of a protection order is a criminal offence punishable with imprisonment. A complaint under Section 498A IPC (dowry harassment / cruelty) is a separate criminal remedy and can be filed simultaneously.