Domestic Violence Lawyer in Bangalore

WE KEEP OUR PROMISES

About Us

OUR MISSION

To assist couples and family in distress to undergo their legal journey with less pain and to help them reset their lives once again.

OUR VISION

We strive to be the standard for excellence in the field of divorce and family law.

CORE VALUES

Integrity, Trust, Straightforward, Ethical, Client focus

Why Divorcebylaw

We at divorcebylaw.com are highly trained, dedicated, professional divorce lawyers in Bangalore. Our commitment and dedication has won us many cases and respect in society. When you choose to avail our services, you can be assured that 'WE' will not rest until your goal is achieved.We provide quick, reliable, affordable remedy and legal solution for matters concerning marriage, divorce, divorce by mutual consent, annulment of marriage, child custody, maintenance, domestic violence cases, dowry cases, bail and marriage counseling. We also educate our clients on understanding the grounds for divorce, divorce process, how to get a divorce and also keep all our clients well informed and up to date with the court procedure.divorcebylaw.com is a one stop solution for all your family issues. Our professional presence is exclusively at The Family Court, Bangalore, The High Court of Karnataka, all Criminal/Sessions courts in Bangalore and also at The Supreme Court of India.

Our Services

Divorce

Child custody

Domestivc Violence

Dowry

Maintenance And alimony

Bail

High court matters

Supreme Court matters

Domestic Violence Lawyer in Bangalore

Divorcebylaw is a team under the leadership of Advocate Kiran S Rozario comprising the best Domestic Violence Lawyers in Bangalore practicing in Karnataka High Court, Family Court Bangalore, City Civil Court Bangalore, Criminal Courts and other Trial Courts Bangalore. In depth knowledge of the domestic violence law  coupled with skillset acquired with years of experience in  the field of family law has put Divorcebylaw in top position.                                                     

Why Domestic Violence Law?

According to the World Health Organization (2013), worldwide one in every three women being beaten, coerced into sex or abused in some other way. Domestic Violence, which is an age-old practice in the patriarchal society, has permeated the boundary of class, caste, religion, geographical territory, educational background and other variables, where it is a major human rights violation. These incidents go unreported and ignored by the society while the violence is perpetrated against women by their protectors within the confines of homes, their safest places. The constitutional guarantee of “Equality” had not reached the women of the country who faced deep rooted inequalities in areas of health, education, property, employment and so on. Dowry Prohibition Act of 1961 did not deter many from demanding or receiving dowry. The violence associated with it, also continues till date. It was only during the late 1970s uproar against dowry-related deaths by women’s groups by way of protests and street plays emerged after the death of a 21 year old young bride within a year of marriage. However violence not associated with dowry has limited mention in the criminal law. Hence “The Protection of Women from Domestic Violence Act, 2005” emerged as a law specifically addressing the issue. It provides for civil remedies and protective injunctions like Protection Orders, Custody Orders, Maintenance Orders, Residence Orders, Compensation Orders, Expeditious remedies, and so on. 

What is Domestic Violence or Domestic Abuse?

Domestic Violence is an abuse of human rights that denies women security, equality, dignity, self-esteem, identity, and freedom. Besides being a serious human rights violation issue it is a serious deterrent to development. The Vienna Accord of 1994, and the Beijing Declaration of 1995, have been vocal about the various atrocities women were being subjected to. The United Nations Convention on the Elimination of All Forms of Discrimination against Women CEDAW, its General Recommendation no.XII (1989) said that all states that are parties to the convention should protect women against violence of any kind, especially those occurring within the family. 

As per the United Nations definition, Domestic violence, also called Domestic abuse or “intimate partner violence”, is a pattern of behaviour in any relationship that is used to gain or maintain power and control over an intimate partner. 

Domestic abuse is any physical, sexual, emotional, economic, or psychological action that an individual is subjected to. It can also include any verbal threats aimed at frightening, intimidating, terrorizing, manipulating, hurting, humiliating, blaming, injuring, or wounding an individual. 

India, a signatory to the CEDAW, has elaborately defined “Domestic Violence” under Section 3 of the Protection of Women against Domestic Violence Act, 2005 (DV Act, 2005)

‘…..any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b) or

(d) otherwise injures or causes physical or mental harm to the aggrieved person.

Explanation I.—For this section,—

(i) “Physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) “Sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman;

(iii) “verbal and emotional abuse” includes—

(a) insults, ridicule, humiliation, name calling and insults or ridicule especially about not having a child or a male child, and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested;

(iv) “economic abuse” includes—

(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom, whether payable under an order of a court or otherwise, or which the aggrieved person requires out of necessity, including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

(b) disposal of household effects, any alienation of assets, whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities the aggrieved person is entitled to use or enjoy in the domestic relationship, including access to the shared household.

Explanation II.—To determine whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

Types of Domestic Violence

Hence, we understand Domestic Violence isn’t just physical torture; it includes multiple tangible and intangible things that can amount to severe trauma for the victim.

Physical Abuse

Physical abuse is one of the first forms of violence people think of when they hear the words domestic violence. Physical abuse is visible and out there to see, hence more talked about. It is done to gain control of the victim. The physical forms of abuse include a physically abusive husband pushing, hitting, kicking, slapping, punching, strangling, biting, and throwing objects to harm the victim, and others leading to broken bones, internal injuries, bruises, miscarriage, disability, or even death.

Emotional and Verbal Abuse

Physical violence primarily includes acts that cause bodily injury to the victim, leading to injuries to external or internal organs. Emotional abuse is intangible, as any physical injury might heal with time, but an emotional scar can have long-lasting effects without a chance of recovery. Ignoring a partner’s feelings, insulting women, insulting beliefs, withholding approval, appreciation, or affection as punishment, criticism, shouting, humiliation, threatening, not allowing access to basic needs, abandonment in dangerous places, threatening to hurt or kill family members, punishing children when angry, harassing partners about unsubstantiated affairs, manipulating partners, destruction of property, etc come under emotional abuse.

Sexual Abuse

Sexual abuse is often kept under wraps owing to its sensitive nature. Primarily, women face such violent acts from spouses. This form of violence may include sabotaging birth control, using derogatory names, forced sex, forcing a partner to acts deemed demeaning or against natural laws of nature, forcing unwanted sexual activity, biting, pinching, or hurting a partner with objects during sex, sexual assault, etc.

Financial and Economic Abuse

Financial abuse starts with control of the finances of the spouse, children or relatives. This hampers the right to economic independence. Financial abuse can include controlling the banking accounts of victims and withholding important documents, debit/credit cards, and cheques from the victim, spending the victim’s money, demanding dowry, or spending the money of the bride for self-expenses. Depriving the victim of economic or financial resources, disposing of the assets (in which she has an interest) without her knowledge 

How has the Domestic Violence Act changed the lives of Indian Women?

The Protection of Women from Domestic Violence Act of 2005 was enacted so that women who are in domestic relationships could be protected from domestic violence. In short, it is called the PWDVA/ Domestic Violence Act/ DV Act, which seeks to cover all those women who are or have been in a domestic relationship with a man, including live-in relationships, bigamous marriages and fraudulent marriages. 

The main motive of the Act was to ensure that women could fight against domestic violence, including unjust removal from their matrimonial home. The Act gives women the right to reside in a shared household. This ensures that the woman remains safeguarded in her matrimonial home under the law. The magistrate can give protection orders immediately to stop violence. It provides counselling for both parties singly or jointly to help the couples to live together without violence. Under this Act, the case must be registered within three days, and within 60 days, all requisite relief measures will be given. 

Main Features of the Domestic Violence Act:

  • The Right to Residence under Section 17
  • Temporary custody of the child
  • Economic relief to the victim by recognizing economic violence
  • Recognizes verbal and emotional violence
  • Provision for case filing under the PWDV Act 
  • Judgment within 60 days of the filing of the case.
  • Both the petitioner and the respondent would prefer an appeal.

Section 498A of the Indian Penal Code/ Section 85 of Bharatiya Nyaya Sanhita, 2023

A woman who is the victim can file a complaint under Criminal law. This is aimed at bringing the husband or relative of husband of the victim to trial for subjecting her to cruelty. 

  • The punishment includes imprisonment for three years and a fine.

Here, the term cruelty includes any wilful act that could lead to abetment to suicide, injuries, or danger to life, limb, or health.

  • Any harassment of the woman includes demand for any property or valuables.

Under the Domestic Violence Act, the case is filed in the magistrate seeking civil remedies. Under criminal law, the victim of the violence can give a police complaint, and the abuser may get punished when it is proven in a court of law.                                                                                                                                                                                              

Find Lawyers For Domestic Violence in Bangalore

Our team of the best domestic violence lawyers in Bangalore have helped innumerable clients find their voice to fight injustice and get a new lease of life full of dignity and self-esteem. Through many cases, we have experienced countless people’s pain firsthand and given the best legal counsel and positive results. Our clients know us for our excellent legal support and non-judgmental support. We consider each case a new endeavour to bring you justice. Our success rates speak for themselves, and the positive reviews vouch for our expertise.

REVIEWS

FAQS

Under the Domestic Violence Act, women who are in a domestic relationship with a man can file a case with a magistrate seeking civil remedies such as protection, shelter, compensation, temporary custody of children, etc. Contrary to general perception, the victims of domestic abuse are not women alone. Generally, anyone experiencing cruelty, Violence, and harassment can seek justice through the Criminal Law. 

Section 498A of the Indian Penal Code (Section 85 of Bhartiya Nyaya Sanhita, 2023) is a Criminal Law that deals with domestic Violence. This law applies to the husbands or husband's family members who are abusive or cruel to women.

Yes, an established and experienced lawyer could help you build a strong case. The case must be filed in court, requiring knowledge of court procedures. Skilful use of the varied laws about the case can help build a formidable case and take you one step closer to justice and an ultimate win. 

Suppose you seek civil remedies such as shelter, monetary compensation, protection, and counselling for your husband to continue the marital life without Violence. In that case, a case under the Domestic Violence Act has to be filed in court through an advocate. If you are seeking punishment for the abuser, the first legal step in a domestic violence/ dowry harassment case is to register a case with the nearest police station. An FIR is the first legal document that can kickstart the legal proceedings. 

Why us

Why Should you Hire Privsa Attorneys ?

Getting into an accident in New York City can turn your life upside down. It might take weeks, or even months, to get back on your feet. Even then, you might not be fully recovered from your injuries.

Getting into an accident in New York City can turn your life upside down. It might take weeks, or even months, to get back on your feet. Even then, you might not be fully recovered from your injuries.

Getting into an accident in New York City can turn your life upside down. It might take weeks, or even months, to get back on your feet. Even then, you might not be fully recovered from your injuries.

Getting into an accident in New York City can turn your life upside down. It might take weeks, or even months, to get back on your feet. Even then, you might not be fully recovered from your injuries.

409

Qualified Lawyers

275

Ranked in Super Law

26

Cases Fully Dismiss

Case Results

Completed Cases

Consumer Protection

Conspiracy, illegal control of enterprise + possession of marijuana

Result

Dismissed prior to trail

Constitutional Litigation

Domestic violence assault

Result

Domestic violence charges dismissed

Intellectual Property

Conspiracy, illegal control of enterprise + possession of marijuana

Result

Dismissed prior to trail

Client Testimonials

We Treat Our Clients Like Family

Lilly Margaret Housewife

We represent our clients’ inter on the highest EU levels. Our firm combines former top EU officials, leading EU politicians and high profile EU attorneys. We combine legal expertise…

Catherine Gannon University Teacher

We represent our clients’ inter on the highest EU levels. Our firm combines former top EU officials, leading EU politicians and high profile EU attorneys. We combine legal expertise…

Lilly Margaret Housewife

We represent our clients’ inter on the highest EU levels. Our firm combines former top EU officials, leading EU politicians and high profile EU attorneys. We combine legal expertise…

Catherine Gannon University Teacher

We represent our clients’ inter on the highest EU levels. Our firm combines former top EU officials, leading EU politicians and high profile EU attorneys. We combine legal expertise…

Our Team

Meet the Attorneys

Kimball Jones

Litigation Associate

Craig Salazar

Senior Associate

Nathan Morris

Litigation Associate

Get in Touch

Get in Touch with Our Experts

Talk to an Expert

+91 99805 30211

We’re in Social

Please enable JavaScript in your browser to complete this form.