The provisions
Cruelty by husband or relatives — Section 85 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 498A IPC), with “cruelty” defined in Section 86: wilful conduct likely to drive the woman to suicide or cause grave injury, or harassment to coerce her or her relatives to meet an unlawful demand for property. The offence is cognizable and non-bailable, and is usually registered through the Crime Against Women (CAW) Cell in Delhi after a conciliation attempt.
Dowry — the Dowry Prohibition Act, 1961 (Sections 3 and 4) for giving, taking or demanding dowry; Section 80 BNS (formerly 304B IPC) for dowry death.
Domestic violence — the Protection of Women from Domestic Violence Act, 2005 is a civil-remedy statute enforced through the Magistrate: protection orders, residence orders (including the right to live in the shared household), monetary relief, custody orders and compensation, with an interim order possible at the first hearing.
Maintenance — Section 144 BNSS (formerly Section 125 CrPC), Section 24 and 25 of the Hindu Marriage Act, and Section 20 of the DV Act, dealt with on the family law page.
For the accused and the family
An FIR under Section 85 BNS often names the husband, parents, siblings and sometimes distant relatives. The Supreme Court has repeatedly cautioned against the mechanical arrest of relatives and against omnibus allegations — Arnesh Kumar v. State of Bihar (2014) requires the police to justify arrest and to issue a notice under Section 35 BNSS (formerly 41A CrPC) in offences punishable with up to seven years, and Kahkashan Kausar v. State of Bihar (2022) quashed proceedings against relatives named without specific allegations.
The chambers’ work in these cases includes:
- appearing at the CAW Cell during conciliation, and preserving the record of what was said;
- anticipatory bail for the husband and family members as soon as the FIR is registered, or protection from arrest under Section 35 BNSS;
- quashing petitions before the Delhi High Court for relatives against whom there are no specific allegations, or for the entire FIR where the allegations are vague, contradicted by the record, or filed as a counterblast;
- the trial — cross-examination on the timeline, the medical evidence, the dowry articles list, and the complainant’s earlier statements;
- defence in the parallel DV Act and maintenance proceedings, and pursuing the husband’s own remedies (divorce, restitution, custody) where appropriate;
- settlement, where the parties wish to close everything — mutual-consent divorce, withdrawal of all cases, and quashing of the FIR on the settlement.
For complainants
For a woman facing cruelty or violence, the sequence and the forum matter. The chambers advises on whether to approach the CAW Cell, file a DV Act complaint for an immediate protection or residence order, seek maintenance, or all three; drafts the complaint with the specific incidents, dates and evidence that courts require; and pursues interim relief so that the complainant is not left without a home or income during the proceedings.
Delhi practice
Complaints are processed by the CAW Cell of the district concerned before an FIR is registered. DV Act and Section 144 BNSS petitions are heard by the Mahila Courts and Family Courts at the district court complexes (Tis Hazari, Saket, Patiala House, Karkardooma, Rohini and Dwarka). Mediation through the Delhi Mediation Centres is routinely referred in these matters and often produces a comprehensive settlement.
Documents to keep ready
- The complaint or FIR copy, CAW Cell notices and any conciliation record
- Marriage proof, photographs and the list of articles (stridhan or dowry articles) exchanged
- Messages, emails, call records and any audio or video relevant to the allegations
- Medical records, if injury is alleged
- Income and asset documents of both sides (for maintenance and monetary relief)
- Prior orders in any pending case between the parties
Frequently asked questions
Will the family be arrested immediately after a 498A FIR?
Not automatically. For offences punishable with up to seven years the police must comply with Section 35 BNSS and the Arnesh Kumar directions, which ordinarily require a notice of appearance rather than arrest. Anticipatory bail should nonetheless be applied for promptly.
Can distant relatives be removed from the case?
Where the FIR contains only general allegations against relatives — without specific acts, dates or their presence — the Delhi High Court frequently quashes the proceedings against them. The petition is prepared on the basis of the FIR and the chargesheet.
Is a 498A case compoundable?
The offence is not compoundable under the statute, but the High Court can quash the proceedings on a genuine settlement between the parties, which is the usual route in matrimonial settlements.
Can a wife get a residence order for the matrimonial home?
Yes. The DV Act allows the Magistrate to pass a residence order restraining dispossession from the shared household, or directing alternative accommodation or its rent, and the Supreme Court in Satish Chander Ahuja v. Sneha Ahuja (2020) confirmed that the shared household may include a home owned by the in-laws where the couple lived.
Does a DV Act case require the parties to be married?
No. The Act covers women in a domestic relationship — marriage, a relationship in the nature of marriage, or living together as family members — and relief can be sought against adult male and, in some cases, female relatives.
Discuss your matter
Call or WhatsApp, or send a short summary online. Consultations are held in chambers or by video, with your documents.