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Personal, Family & Injury

Family Disputes & Domestic Violence

Protection, residence and other orders under the Domestic Violence Act, and related family disputes.

DLP's chamber: No. 548, A Block, High Court, Lucknow

What the law says

The Protection of Women from Domestic Violence Act, 2005 lets an aggrieved woman seek protection orders, residence orders (including the right to reside in the shared household), monetary relief, custody orders and compensation from a Magistrate. Domestic violence under the Act includes physical, sexual, verbal, emotional and economic abuse. A Protection Officer can help prepare a Domestic Incident Report. Cruelty by a husband or his relatives is also an offence under Section 85 of the BNS (earlier Section 498A of the IPC). Other family disputes, such as partition and succession, are handled in civil courts.

Consultation

Speak to the chamber.

Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.

Held in confidence. Used only to contact you.

Frequently Asked Questions

What counts as domestic violence?

Physical, sexual, verbal and emotional abuse and economic abuse, such as depriving a woman of money or the household she is entitled to, by a person in a domestic relationship with her.

What orders can the Magistrate pass?

Protection orders, residence orders, monetary relief, temporary custody of children and compensation. Interim orders can be passed while the case is pending.

Does the Act cover women in live-in relationships?

It covers a 'relationship in the nature of marriage'. The Supreme Court has set out factors for this in D. Velusamy v. D. Patchaiammal (2010), such as living together for a significant period and holding out as spouses.

Do daughters have equal rights in ancestral property?

Under the Hindu Succession Act, 1956 as amended in 2005, a daughter is a coparcener by birth with the same rights as a son, as confirmed by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020).

Attorneys Handling This Service

Arvind Patel

Associate Advocate

Lucknow Bar

Languages: English, Hindi, Urdu

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