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Domestic Violence
10-09-2024

What is the time duration within which a victim can file a FIR for domestic violence against husband and his family members after initial complaint at police station (commissioner office)? The FIR was not filed for 3 years because the victim was trying for reconciliation and also, was not able to hire a lawyer for guidance until 2023 due to financial issues as is jobless. Please suggest and quote any reference material for this kind of judgment. Thank you so much in advance.

•Answers Posted by Experts
Response 1.

1) A victim can file a FIR for domestic violence against husband and his family members anytime when the incident occurs 2) As the victim was trying for reconciliation and also, was not able to hire a lawyer for guidance until 2023 due to financial issues as is jobless let us know the Husbands income so that we can possibly help you out & get maintenance for you.

Anish Palkar
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Response 2.

Dear Client, Under PWDVA there is no limitation for filing a First Information Report (FIR) of domestic violence in India. You can lodge an FIR at anytime and that can be done even if it has been done after a long interval because while exploring chances of reconciliation one can face financial troubles. As the grounds for your case, you should collect evidence of the use of force and the attempt at reconciliation. You can also find free legal aid from the District Legal Services Authority (DLSA) in case you are unemployed. As per your first grievance, you can always lodge a new FIR or approach a magistrate under the PWDVA, which has the interest of the woman/victim protected at heart. Hope you find this answer beneficial in resolving your query.

Advocate Anik
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Response 3.

Dear Madam, It being a family matter always married women and her family members refrained from lodging a complaint with police as it may work in negativity in the matter of reconciliation. You can lodge complaint even now provided explain the delay in detail. Meet the higher police officers like IPS rank and try to get instructions to their subordinate police to register a FIR.

Kishan Dutt
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