If you're facing harassment or abuse at home in Kolkata but are not ready to file for divorce, or don't want to at all, you can still obtain a protection order to keep yourself safe, since these two legal processes are entirely independent of each other. Under the Protection of Women from Domestic Violence Act, 2005, you can approach the Magistrate's court seeking a protection order under Section 18, along with other reliefs like residence orders or monetary relief, regardless of whether you have any intention of pursuing divorce proceedings. The Act is specifically designed to provide immediate safety and civil remedies, separate from the question of whether or how the marriage itself continues.

This means you can seek an order restraining your husband or his relatives from committing acts of domestic violence, from entering your workplace or your children's school, from communicating with you, or from alienating any assets, all while remaining legally married and without having initiated any matrimonial proceedings for separation or divorce. Many women in Kolkata use protection orders precisely as a way to create safety and stability within the relationship, whether they eventually decide to reconcile, continue living separately, or pursue divorce at a later stage.

The process to obtain a protection order involves filing an application before the Magistrate, typically with the assistance of a Protection Officer appointed under the Act, and courts generally move relatively quickly on urgent protection matters given the safety concerns involved. You do not need to wait for or combine this with any criminal complaint either, though you retain the option to pursue a criminal complaint under Section 85 BNS separately or simultaneously if the facts warrant it.

Because understanding which combination of remedies best suits your specific situation, whether protection order alone, alongside a criminal complaint, or eventually combined with matrimonial proceedings, takes some thought, it helps to discuss your full circumstances with someone experienced in this area. Aapka Legal Advice can help you understand exactly which protections are available to you right now, independent of any divorce decision.

If you need safety and legal protection in Kolkata but aren't ready to consider divorce, know that a protection order is available to you regardless. Speak with experienced criminal lawyers in Kolkata about securing this protection promptly.