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HOW TO FILE A RESTRAINING ORDER IN INDIA?

How to file a restraining order in India?

What is a restraining order?

A restraining order is an order granted by a court to protect a person from some danger or apprehension of danger from someone. It is granted to prohibit a person from contacting or harassing a person or violating any other rights. It is issued by a court in the form of a civil order that restrains a person from doing something either permanently or for a temporary period of time.

What is the applicable law for a restraining order in India?

In India, while there is no concept of a restraining order in any law per se, an injunction ordercan be granted by the court which mandates a person to do or refrain from doing some act. The applicable laws would be Ss.36-42 of the Specific Relief Act, 1963 and the procedure would have to be as per S.94 and 95 and Order 39 of the Code of Civil Procedure.

Additionally, a woman who is subjected to domestic violence can file a complaint under S.498A of the Indian Penal Code, and the court can issue a protection order, as per the Domestic Violence Rules, which would remain in force till the aggrieved applies for discharge.

How to obtain an injunction order?

Consult a lawyer, if you have access to one, or feel free to approach us at the Legal Services Clinic if you need a lawyer. To get an injunction order, you must file an application, including a written statement of the aggrieved, through a civil lawyer at the appropriate court. The process might take a while as parties are required to show evidence before the court, and the court will have to ultimately decide on the matter.

How to obtain a protection order?

In cases of domestic violence, the aggrieved can approach a police officer, a protection officer, a service provider, or can directly file a complaint with the Magistrate for obtaining a protective order. The court is required to hear the case within three days of the complaint being filed in court, and the case must be disposed of within 60 days. The court can use the sole testimony of the aggrieved to establish the offence. After the hearing if the Magistrate is satisfied with the aggrieved’s case, they may issue a protective order.

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