Protection & Disputes: Our Advisory Services

Domestic Violence & Protection Orders

The Protection of Women from Domestic Violence Act 2005 provides a broad civil remedy framework for women facing domestic violence– defined to include physical, sexual, verbal, emotional, and economic abuse, as well as harassment by way of unlawful dowry demands. The Act provides for four categories of order: protection orders restraining the respondent from further acts of violence; residence orders securing the complainant’s right to remain in or return to the shared household; monetary relief orders covering loss of earnings, medical expenses, and maintenance; and custody orders for children. Emergency protection orders can be obtained on an exparte basis– without notice to the respondent– at the first hearing before the Magistrate Court where there is immediate risk of harm. ATB Legal represents applicants throughout the PWDVA proceedings, from application and affidavit preparation through to enforcement of orders where the respondent fails to comply.

Dowry Harassment & Section 498A

Dowry harassment by a husband or his relatives constitutes an offence under the Dowry Prohibition Act 1961. Cruelty by a husband or his relatives– including harassment to coerce unlawful property demands– is a criminal offence under Section 498A of the Indian Penal Code (currently Section 85 and Section 86 of Bharatiya Nagarik Suraksha Sanhita 2023). Section 498A is cognisable and non-bailable, the police may arrest without a warrant on registration of a complaint. ATB Legal advises complainants on the distinction between civil and criminal remedies, the evidentiary requirements for a successful prosecution, and the procedural steps from FIR through to trial. For those facing false or exaggerated 498A complaints, our team provides defence representation including anticipatory bail applications, quashing petitions before the High Court, and the full defence through trial.

Family Dispute Resolution & Mediation

Not all family disputes require litigation. Family dispute resolution through mediation or negotiated settlement can produce outcomes that are faster, less adversarial, and more durable than contested proceedings, particularly for financial matters and child arrangements. ATB Legal advises on whether mediation is appropriate in the specific circumstances of each matter, participates as legal adviser in mediation proceedings, and negotiates settlements that are formally documented and enforceable. Where mediation is not appropriate– particularly in active domestic violence situations where safety and power imbalances make it unsuitable– ATB Legal transitions directly to litigation representation without any loss of momentum.

Other Protective Remedies & Enforcement

Beyond the domestic violence framework, persons facing harassment, stalking, or intimidation within or connected to a family context may seek protective remedies under the Code of Criminal Procedure, including binding-over orders and civil injunctions. Where existing court orders for custody, maintenance, or property are being violated, enforcement through contempt proceedings provides a fast route to compliance. ATB Legal advises on the full range of protective and enforcement remedies available, helping clients identify the most effective combination of civil and criminal measures for their specific situation.