Restraining Order Against Someone In India
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How to fill out Complaint For Temporary Restraining Order, Preliminary Injunction And Permanent Injunction?
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FAQ
Your mother can directly approach a police officer, or can directly file a complaint with the Magistrate for obtaining a restraining order. Within three days from the day of the complaint, the court can hear the case. After the hearing, if the Magistrate gets satisfied with the case, a restraining order can be issued.
In India there is no scope of restraining order but it could be issued in the form of injunction under Civil laws. An injunction could be temporary or permanent. An injunction stops a person or an organisation from continuing any activity.
This can be done by filing for an injunction or filing for divorce with specific allegations of domestic violence. There is no concept of a restraining order in India.
Also, the Supreme Court (SC), in a landmark judgment, ruled on the Legal rights of the daughter-in-law in India and that a daughter and daughter-in-law possess equal rights as coparceners under the Hindu Succession Act and that a daughter receives her coparcener rights by birth.
Pictures of your household in disarray after an episode of domestic violence; Copies of the abuser's criminal records; Anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection.