The Protection of Women from Domestic Violence Act, 2005 is a civil law designed to give women fast, practical relief: safety, a place to live, and financial support. It works alongside criminal law but doesn't require a criminal case to be filed.
What counts as domestic violence
The Act defines domestic violence widely. It is not limited to physical harm:
- Physical abuse: hitting, pushing, or anything that causes bodily pain or harm;
- Sexual abuse: any conduct of a sexual nature that abuses, humiliates or degrades;
- Verbal and emotional abuse: insults, name-calling, ridicule (including over not having a child or a son), and threats;
- Economic abuse: denying money for household needs, taking away your salary or stridhan, or forcing you out of the shared home;
- harassment for dowry.
Who can apply
Any woman who is or has been in a domestic relationship with the respondent: a wife, a woman in a relationship in the nature of marriage (live-in), a mother, sister, daughter or widow living in the same household. A complaint can be made against the husband or partner and their relatives, including female relatives.
The orders a magistrate can make
- Protection order (Section 18): stops the respondent from committing violence, contacting you, entering your workplace or your children's school, or operating joint bank accounts and lockers.
- Residence order (Section 19): protects your right to live in the shared household. The court can stop you being thrown out, remove the respondent from the home, or order alternative accommodation or rent. In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court held that a shared household includes the in-laws' house where the couple lived, even if the husband doesn't own it.
- Monetary relief (Section 20): medical expenses, loss of earnings, destroyed property, and maintenance for you and your children.
- Custody order (Section 21): temporary custody of children, with any visiting rights for the respondent.
- Compensation (Section 22): for injuries, including mental torture and emotional distress.
- Return of stridhan: the magistrate can order your jewellery, clothes and other belongings to be returned.
In urgent cases, the magistrate can pass interim and ex parte orders (Section 23), meaning protection can be granted before the other side is even heard.
How the process works
- Approach a Protection Officer, a registered service provider, the police, or a lawyer. The Protection Officer can prepare a Domestic Incident Report and help with shelter and medical aid.
- File an application before the magistrate (Section 12) where you live, where the respondent lives, or where the violence happened.
- The first hearing is ordinarily fixed within three days, and the law aims to decide the case within sixty days. In practice it can take longer, but interim orders give relief in the meantime.
- Proceedings can be held in private (in camera) if you ask.
If an order is broken
Breaking a protection order is a criminal offence under Section 31, punishable with imprisonment of up to one year, a fine of up to ₹20,000, or both. Report any breach to the police or the Protection Officer straight away.
Gather what you can, safely
- medical records and photographs of injuries;
- messages, emails, call recordings and voice notes;
- names of witnesses such as neighbours, relatives or friends;
- a simple dated diary of incidents;
- copies of ID, marriage certificate, bank details and a list of your stridhan.
Keep copies somewhere the respondent can't reach, such as with a trusted friend or in a private email account.
For those accused
If a complaint has been filed against you, you have the right to be heard and to respond with your own evidence. Take advice early and comply strictly with any interim orders while the case is pending.