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Domestic violence

The Protection of Women from Domestic Violence Act, 2005 gives an aggrieved woman the right to protection, residence, maintenance, custody...

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Key takeaways

A domestic violence case is filed under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), a civil law that delivers fast, practical relief.
It covers physical, sexual, verbal, emotional and economic abuse within a domestic relationship.
An application under Section 12 is made to the Judicial Magistrate of the First Class or Metropolitan Magistrate.
The court can grant protection, residence, monetary relief, custody and compensation orders.
A Protection Officer and registered service providers help file the Domestic Incident Report (DIR).
The Magistrate is expected to dispose of the application within 60 days of the first hearing.
Breach of a protection order is a criminal offence under Section 31, punishable with imprisonment and fine.

Overview

What is a domestic violence case?

A domestic violence case is a proceeding brought under the Protection of Women from Domestic Violence Act, 2005 to protect a woman from abuse within a shared household. Unlike a criminal trial, it is a civil remedy designed to give the aggrieved woman quick, tangible relief, a safe place to live, financial support and protection from further harm, without first having to prove a crime beyond reasonable doubt.

The Act recognises that abuse is not only physical. It expressly covers verbal, emotional and economic abuse, and it protects women in marriages as well as in relationships in the nature of marriage. The aim is protection and restoration, not punishment alone, though wilful breach of a court order carries criminal consequences.

Forms of abuse the Act covers

Physical abuse: assault, hurt, threat to life or limb
Sexual abuse: any conduct that degrades or violates dignity
Verbal and emotional abuse: insults, ridicule, threats
Economic abuse: denial of money, food, or essential resources
Dowry-related harassment and unlawful demands
Being deprived of access to the shared household

Who can file

Who can seek protection

The Act is intended to protect women in a domestic relationship. The definitions are deliberately wide so that real-world living arrangements are covered.

Who can apply	Position under the Act
Aggrieved woman	A woman in a domestic relationship who has been subjected to any act of domestic violence.
Wife or partner	Includes a wife and a woman in a relationship in the nature of marriage.
Mother, sister, daughter	Female relatives sharing the household are protected as aggrieved persons.

Against whom	Respondent under the Act
Husband or male partner	The adult male with whom the woman is or has been in a domestic relationship.
Relatives of the husband	Family members, including female relatives, can be named where they are complicit.
Members of a shared household	Persons living in the shared household who have committed acts of abuse.

The reliefs

Orders the court can grant

Protection order

Section 18: restrains the respondent from committing or aiding any act of domestic violence.

Residence order

Section 19: secures the woman’s right to live in the shared household and bars eviction.

Monetary relief

Section 20: maintenance, medical expenses and compensation for loss caused by the abuse.

Custody order

Section 21: temporary custody of children, with arrangements for safe visitation.

Compensation order

Section 22: damages for physical and mental injury, including emotional distress.

Interim & ex-parte relief

Section 23: urgent protection at the first hearing, before the case is fully heard.

When to act

When you should file a case

If you are facing abuse, you do not have to wait for it to become severe. The Act lets you approach the court for protection at the first sign of domestic violence, and the relief is meant to be immediate. Early action also preserves evidence and strengthens your application.

You are being physically harmed or threatened in the household
You are being denied money, food or essentials by your partner
You are at risk of being thrown out of your matrimonial home
You face dowry demands or harassment from in-laws
You need urgent custody and safety arrangements for your children
You need a court order to stop continuing emotional or verbal abuse

How it works

The filing process, step by step

A domestic violence application is filed before the Magistrate, often with the support of a Protection Officer. Whether you are seeking protection or responding to a complaint, we guide you through the correct route.

Filing for protection

Consult & record
We assess the facts, identify the reliefs available and prepare a Domestic Incident Report (DIR) with the Protection Officer.
File under Section 12
An application is filed before the Magistrate having jurisdiction where you reside or where the abuse occurred.
Seek interim relief
We press for urgent protection, residence and maintenance orders under Section 23 at the first hearing.
Hearing & final order
The court hears both sides and passes protection, residence, monetary, custody or compensation orders.

Defending a case

Review the application
We examine the DIR and the relief sought, and identify factual and legal defences.
File a reply
A detailed reply with supporting documents is filed to contest unfounded allegations.
Contest interim orders
We oppose excessive or unwarranted interim relief and protect your residence and financial position.
Trial & resolution
We represent you through evidence, cross-examination and, where suitable, settlement.

Paperwork

Documents required

Identity and address proof of the aggrieved woman
Proof of the domestic relationship (marriage certificate or evidence of living together)
Domestic Incident Report (DIR), where prepared
Medical records or injury reports, if any
Photographs, messages, emails or other evidence of abuse
Police complaints or FIR copies, where they exist
Proof of income and expenses for monetary relief claims
Details of the shared household and the children, if custody is sought

Forum & timeline

Court & timeframe

Filed before the Judicial Magistrate First Class or Metropolitan Magistrate.
The first hearing is generally fixed within three days of filing.
The Magistrate aims to dispose of the matter within 60 days of the first hearing.
Orders are appealable to the Court of Session within 30 days.
Relief continues until varied, altered or revoked by the court.

Related matters? See our Judicial Separation and Power of Attorney services.

Why it matters

Benefits of acting under the PWDVA

Fast relief

Interim protection and maintenance can be granted at the very first hearing.

Right to residence

You cannot be evicted from the shared household without due process of law.

Financial security

Maintenance and compensation orders protect you and your children economically.

Enforceable orders

Breach of a protection order is a criminal offence under Section 31.

Support system

Protection Officers and service providers assist throughout the proceedings.

Civil, dignified route

A remedy focused on protection and restoration, not only criminal prosecution.

Why Diligence Certifications

How we support you

Domestic violence matters are sensitive and time-critical. Our legal team handles your case with confidentiality and care, from the first consultation to the final order, so that you are never navigating the system alone.

Confidential assessment of your situation and the reliefs available to you
Drafting of the Section 12 application and coordination of the Domestic Incident Report
Strong representation for interim and ex-parte relief at the first hearing
End-to-end conduct of the case, including evidence, arguments and orders
Equally robust defence where you are wrongly or excessively accused
Clear, jargon-free updates at every stage of the proceedings

Need help with a domestic violence matter?

Whether you are seeking protection or defending a case, our legal team will explain your options and handle the filing end to end, in complete confidence.

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FAQ

Frequently asked questions

Which law governs a domestic violence case in India?

Cases are governed by the Protection of Women from Domestic Violence Act, 2005, a civil law that provides protection, residence, monetary relief, custody and compensation to an aggrieved woman.

Who can file a complaint under the Act?

Any woman in a domestic relationship who has faced abuse can apply. This includes a wife, a woman in a relationship in the nature of marriage, and female relatives sharing the household such as a mother, sister or daughter.

Where is the application filed?

An application under Section 12 is filed before the Judicial Magistrate of the First Class or the Metropolitan Magistrate having jurisdiction where the aggrieved woman resides, where the respondent resides, or where the abuse took place.

What orders can the court pass?

The court can pass protection orders, residence orders, monetary relief, custody orders and compensation orders. It can also grant urgent interim or ex-parte relief at the first hearing under Section 23.

How long does a domestic violence case take?

The Magistrate is expected to dispose of the application within 60 days of the first hearing, though the actual time depends on the complexity of the matter and the court’s schedule. Interim relief is often granted much sooner.

What happens if the respondent breaches a protection order?

Breach of a protection order is a criminal offence under Section 31, punishable with imprisonment of up to one year, a fine, or both, making the order genuinely enforceable.

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