Domestic violence cases in India are handled under the Protection of Women from Domestic Violence Act, 2005 (DV Act). When a woman files a complaint, it is crucial that she provides complete and accurate details. A well-prepared complaint not only strengthens the case but also ensures faster legal remedies such as protection orders, residence rights, and financial relief.
This blog provides a step-by-step checklist of information that should be included in a domestic violence complaint.
1. Complainant’s Personal Information (Aggrieved Woman)
The first section must clearly identify the aggrieved woman. Details usually required are:
- Full Name
- Age and Date of Birth
- Present and Permanent Address
- Contact Number & Email ID (if available)
- Education and Occupation
- Monthly Income (if employed)
- Bank Account Details (important when seeking financial relief or maintenance)
👉 These details help the court and protection officers understand the complainant’s background and financial condition.
2. Respondent’s Details (Husband/Relatives)
The complaint should specify against whom relief is sought. This can include the husband and other relatives (in-laws). Information needed includes:
- Name of Husband
- Names of Other Respondents (e.g., in-laws, brother-in-law, sister-in-law)
- Relationship of each respondent with the complainant
- Current address of the respondents
- Occupation and approximate income of respondents
- Whether they live in the shared household
3. Marriage and Relationship Details
The complainant must provide details of her marriage and relationship with the respondents:
- Date and Place of Marriage
- Type of Marriage (registered/traditional)
- Religion and Caste
- Dowry / Stridhan details (if any given at the time of marriage)
- Present status of marriage (subsisting, separated, divorced)
- Number of children (with names, age, and schooling details)
4. Shared Household Details
The DV Act emphasizes the right of residence. Hence, details of the shared household are necessary:
- Address of the shared household
- Ownership details (husband, in-laws, joint property, or rented)
- Whether the complainant was living there at the time of violence
- Circumstances of leaving the house (forced eviction or voluntary departure)
5. Details of Domestic Violence Incidents
The most important part of the complaint is describing the nature of violence. This includes:
- Date and duration of incidents
- Type of abuse:
- Verbal & Emotional Abuse
- Physical Abuse
- Sexual Abuse
- Economic Abuse
- Threats or Intimidation
- Verbal & Emotional Abuse
- Specific instances with dates and locations
- Details of previous police complaints or FIRs (if filed)
👉 Clear and specific incidents make the complaint stronger and help the court grant appropriate reliefs.
6. Evidence Supporting the Case
Evidence plays a critical role in proving the allegations. The complainant should collect and submit:
- Medical reports of injuries
- Photographs or videos
- Names of witnesses (neighbours, relatives, friends)
- Digital evidence: messages, calls, emails, social media records
- Previous case documents (FIRs, divorce petition, maintenance order, etc.)
7. Reliefs Sought under the DV Act
The DV Act provides multiple remedies, and the complainant should specify which ones she seeks:
- Protection Order (Sec. 18): Preventing the respondent from committing further violence.
- Residence Order (Sec. 19): Right to live in the shared household.
- Monetary Relief (Sec. 20): Compensation for expenses and maintenance.
- Custody Order (Sec. 21): Temporary custody of children.
- Compensation/Damages (Sec. 22): For injuries, emotional distress, and harm.
- Interim Orders (Sec. 23): Urgent temporary relief.
8. Previous or Parallel Cases
If any other legal cases are pending, they must be disclosed:
- Section 85 BNS FIR (Domestic Violence related)
- Maintenance Case under Section 144 BNSS
- Divorce Petition details (filed by whom and where)
- Child custody cases
- Any past mediation/settlement attempts
9. Jurisdiction and Police Details
This section confirms the legal jurisdiction for filing the case:
- Name of the police station where complaint (if any) was filed
- Details of the Protection Officer (if appointed)
- Locality where domestic violence occurred
- Whether the complainant currently resides in that jurisdiction
10. Mental and Physical Condition of the Complainant
Courts often consider the mental and physical state of the victim:
- Whether she is undergoing medical or psychiatric treatment
- Her financial dependency status
- Whether she is facing threats to withdraw the complaint
11. Urgent Reliefs Sought
If the complainant is in immediate danger, the application should highlight:
- Whether urgent protection is required
- Need for shelter/accommodation
- Urgent custody of children
12. Additional Remarks or Notes
Finally, the complaint may include:
- Any other information or specific demands
- Threats, attempts at compromise, or coercion
- Preferred outcome (legal separation, protection, financial relief, custody, etc.)
Conclusion
A domestic violence complaint must be carefully drafted with all relevant details, supported by evidence, and filed before the Magistrate through a Protection Officer, Police Officer, or directly by the complainant. The DV Act is designed to safeguard women against abuse and provide them with financial, residential, and emotional security.
👉 If you are a victim of domestic violence or know someone who is, consult a lawyer and ensure that all the above details are properly included in the complaint. A complete and well-structured application can make a big difference in getting timely justice.