Domestic Violence Act: Reliefs and How to File a Complaint

The Act protects an 'aggrieved person' — a woman who is, or has been, in a domestic relationship with the respondent and alleges domestic violence. This includes a wife, a woman in a relationship 'in the nature of marriage' (a live-in relationship), mothers, sisters, daughters, and other women sharing a household.

The complaint is made against the 'respondent' — an adult who is, or has been, in a domestic relationship with the aggrieved person. Following later judicial interpretation, a complaint can lie against male and female members of the household (for example, in-laws), not only the husband.

Section 3 of the Act defines domestic violence broadly. It is not limited to physical assault.

• Physical abuse — assault, criminal force, or any act causing bodily pain or harm.
• Sexual abuse — any sexually abusive, humiliating, or degrading conduct.
• Verbal and emotional abuse — insults, ridicule, humiliation, threats, and similar conduct.
• Economic abuse — depriving the woman of financial resources she is entitled to, disposing of her assets, or restricting access to shared resources.

The Magistrate can grant a combination of reliefs tailored to the situation. This breadth is the Act's great strength.

• Protection order (Section 18) — restrains the respondent from committing or aiding any act of domestic violence, contacting, or entering the aggrieved person's workplace.
• Residence order (Section 19) — secures the aggrieved person's right to live in the shared household; she cannot be evicted, and the respondent may be directed to provide alternative accommodation.
• Monetary relief (Section 20) — maintenance and compensation for expenses and losses, including medical costs and loss of earnings.
• Custody order (Section 21) — temporary custody of children to the aggrieved person, with visitation as appropriate.
• Compensation order (Section 22) — compensation for injuries, including mental torture and emotional distress.

The Act provides an accessible procedure, and a woman can approach the system directly or through a Protection Officer.

• Approach a Protection Officer, a registered service provider, the police, or the Magistrate directly.
• A Domestic Incident Report (DIR) is prepared recording the incidents of domestic violence.
• An application under Section 12 is filed before the Judicial Magistrate (First Class) / Metropolitan Magistrate having jurisdiction.
• The Magistrate can pass interim and ex-parte orders quickly where there is urgency (Section 23).
• The Act requires the application to be disposed of, as far as possible, within a defined timeframe, and hearings are meant to be expeditious.

The PWDVA is civil and protective, and it can run alongside other remedies. A woman may simultaneously pursue maintenance under Section 144 BNSS (formerly Section 125 CrPC), a criminal complaint for cruelty under Section 85 of the Bharatiya Nyaya Sanhita 2023 (formerly Section 498A IPC) where applicable, and matrimonial proceedings such as divorce or judicial separation.

Breach of a protection order is itself an offence under Section 31 of the Act, punishable with imprisonment and/or fine — which gives the civil protection order real teeth.