This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The Protection of Women from Domestic Violence Act, 2005 (PWDV Act), in force from 26 October 2006, is primarily a civil law that provides women affected by domestic violence with access to protection orders, residence orders, monetary relief, custody orders, and compensation through the Magistrate’s court. It operates independently of — and in addition to — criminal proceedings under Section 85 BNS (formerly Section 498-A IPC).
What Constitutes Domestic Violence?
Section 3 of the PWDV Act defines “domestic violence” broadly to include any act, omission, or conduct that harms or endangers the health, safety, life, limb, or well-being (mental or physical) of the aggrieved person. The definition covers four categories:
Physical Abuse
Any act or conduct causing bodily pain, harm, or danger to life, limb, or health. This includes assault, criminal force, and criminal intimidation.
Sexual Abuse
Any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of a woman.
Verbal and Emotional Abuse
Insults, ridicule, humiliation, and name-calling — including remarks about not having a male child. Repeated threats to cause physical pain to any person in whom the aggrieved person is interested also fall under this category.
Economic Abuse
- Deprivation of economic or financial resources to which the aggrieved person is entitled under any law or custom
- Disposal of household effects, stridhan (woman’s property), or jointly or separately owned assets
- Prohibition or restriction from accessing resources or facilities that the aggrieved person is entitled to use
- Non-payment of rent or other payments for the shared household
Domestic violence also includes harassment with a view to coercing the aggrieved person to meet any unlawful demand for dowry or other property.
Who Can File a Complaint?
Aggrieved Person
Under Section 2(a), an “aggrieved person” is any woman who is, or has been, in a domestic relationship with the respondent and who alleges domestic violence.
Domestic Relationship
Section 2(f) defines “domestic relationship” as a relationship between persons who live or have at any point lived together in a shared household, related by:
- Consanguinity (blood relation)
- Marriage
- A relationship in the nature of marriage (live-in relationships)
- Adoption
- Being members of a joint family
This covers wives, former wives, mothers, sisters, daughters, widows, and women in live-in relationships.
Who Can Be a Respondent?
Following the Supreme Court’s decision in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165, which struck down the words “adult male” from Section 2(q), a complaint may be filed against any person — male or female, adult or minor — in a domestic relationship with the aggrieved person.
Filing on Behalf
A complaint may be filed by the aggrieved person herself, by a Protection Officer on her behalf, or by any other person on her behalf (Section 12).
Remedies Available Under the Act
Protection Order (Section 18)
The Magistrate may prohibit the respondent from:
- Committing any act of domestic violence
- Aiding or abetting domestic violence
- Entering the aggrieved person’s workplace or school
- Attempting to communicate with the aggrieved person
- Alienating assets, bank accounts, or stridhan
- Causing violence to the aggrieved person’s dependents or relatives
Residence Order (Section 19)
The Magistrate may:
- Restrain the respondent from dispossessing or disturbing the aggrieved person’s possession of the shared household
- Direct the respondent to remove himself from the shared household
- Restrain the respondent from alienating or disposing of the shared household
- Direct the respondent to secure alternate accommodation of the same level for the aggrieved person
Monetary Relief (Section 20)
The Magistrate may direct the respondent to pay monetary relief to meet expenses incurred and losses suffered, including:
- Loss of earnings
- Medical expenses
- Loss caused by destruction, damage, or removal of property
- Maintenance for the aggrieved person and her children — consistent with the standard of living to which she is accustomed
Custody Order (Section 21)
The Magistrate may grant temporary custody of any child or children to the aggrieved person and may specify visitation arrangements for the respondent. Visitation may be denied if it would be harmful to the child’s interests.
Compensation Order (Section 22)
The Magistrate may direct the respondent to pay compensation and damages for injuries, including mental torture and emotional distress caused by acts of domestic violence.
Interim and Ex Parte Orders (Section 23)
The Magistrate may pass interim orders at any stage of the proceedings and may pass ex parte orders (without hearing the respondent) on the basis of an affidavit if a prima facie case of domestic violence is established.
Step-by-Step Procedure
Step 1 — Initiation of Complaint
A complaint may be initiated through any of the following avenues:
- Approach the police station and request registration of a Domestic Incident Report (DIR) — for a guide to your rights when approaching police, see How to File an FIR in India — Step-by-Step Guide (2026)
- File a complaint with a Protection Officer appointed by the State Government under Section 8
- Approach a Service Provider (registered NGO under Section 10)
- File an application directly before the Magistrate under Section 12
Step 2 — Information About Rights
Upon receiving the complaint, the officer, Protection Officer, or Service Provider must inform the aggrieved person of her right to:
- Seek protection orders, monetary relief, custody orders, and compensation orders
- Avail the services of Protection Officers and Service Providers
- Obtain free legal services under the Legal Services Authorities Act, 1987
- File a criminal complaint under the applicable provisions of the BNS (formerly Section 498-A IPC)
Step 3 — Domestic Incident Report (DIR)
The Protection Officer prepares a DIR in the prescribed form and forwards copies to the Magistrate, the police station having jurisdiction, and the Service Provider.
Step 4 — Application to Magistrate
The aggrieved person (or the Protection Officer or any other person on her behalf) files an application before the Magistrate of the First Class or Metropolitan Magistrate seeking relief.
Step 5 — Notice and Hearing
The Magistrate issues notice to the respondent. The Protection Officer must serve it within 2 days (or such further reasonable time as the Magistrate may allow).
Step 6 — Disposal
The Magistrate must endeavour to dispose of the application within 60 days from the date of the first hearing.
Step 7 — Orders
The Magistrate may pass protection orders, residence orders, monetary relief, custody orders, compensation orders, or any combination thereof. Interim and ex parte orders may be passed at any stage.
Breach of Protection Order (Section 31)
Breach of a protection order is a cognizable and non-bailable offence, punishable with imprisonment up to one year or fine up to Rs 20,000, or both.
Jurisdiction (Section 27)
An application may be filed before the Magistrate where:
- The aggrieved person permanently or temporarily resides or carries on business
- The respondent resides or carries on business
- The cause of action arose
Role of Protection Officers and Service Providers
Protection Officers (Sections 8–9)
Protection Officers are appointed by the State Government in every district, preferably women. Their duties include:
- Preparing Domestic Incident Reports upon receiving complaints
- Forwarding copies of DIRs to the police station and Magistrate
- Filing applications for protection orders at the request of the aggrieved person
- Ensuring the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987
- Arranging safe shelter and medical examination
- Ensuring compliance with monetary relief orders
Service Providers (Section 10)
Service Providers are registered NGOs, voluntary organisations, or companies that provide:
- Shelter in shelter homes (Section 6)
- Medical assistance
- Legal aid and counselling
- The ability to record a DIR and forward it to the Magistrate or Protection Officer
Key Case Law
D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469
The Supreme Court laid down conditions for a live-in relationship to qualify as “in the nature of marriage” under the PWDV Act:
- The couple must hold themselves out to society as being akin to spouses
- They must be of legal age to marry
- They must otherwise be qualified to enter into a legal marriage (including being unmarried)
- They must have voluntarily cohabited for a significant period of time
- They must have lived together in a shared household
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165
The Supreme Court struck down the words “adult male” from the definition of “respondent” in Section 2(q), holding that restricting respondent status to adult males had no rational nexus with the object of the Act. After this decision, complaints may be filed against any person — male or female, adult or minor.
Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755
The Supreme Court held that a woman who knowingly entered a live-in relationship with a married man could not claim protection under the PWDV Act, as such a relationship could not be regarded as “in the nature of marriage.” The Court established a limiting principle — not every live-in relationship qualifies for protection under the Act.
Recent Developments
In We the Women of India v. Union of India (2026) (as reported; formal citation to be confirmed), the Supreme Court directed States and Union Territories to ensure proper implementation of the PWDV Act, expressing concern that many regions had failed to appoint sufficient Protection Officers.
In Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) (as reported), the Supreme Court held that High Courts may exercise inherent jurisdiction to quash DV Act proceedings, but cautioned that such power must be exercised with “great caution and circumspection” given the beneficial object of the Act.
Important Points to Remember
- The PWDV Act is a civil law — it provides civil remedies, though breach of a protection order is a criminal offence
- No specific limitation period is prescribed for filing an application under the Act
- The right to reside in the shared household under Section 17 is available regardless of whether the woman has any title or beneficial interest in the property
- Free legal aid is available to women under the Legal Services Authorities Act, 1987
- Multiple remedies (protection order, residence order, monetary relief, custody, compensation) may be sought in a single application
- The Act covers physical, sexual, verbal/emotional, and economic abuse — the definition is intentionally broad
Useful Resources
- National Commission for Women — Online Complaints
- Indian Kanoon — PWDV Act Full Text
- National Legal Services Authority (NALSA)
Helpline Numbers
| Helpline | Number |
|---|---|
| Women Helpline (Universal) | 181 (24x7, toll-free) |
| NCW Women Helpline | 14490 (24x7) |
| NCW WhatsApp/Call Support | 7827-170-170 |
| Police Emergency | 112 |
| UP Women Power Line | 1090 |
| UP State Women Commission | 1800-180-5220 (toll-free) |
| NALSA Legal Aid Helpline | 15100 (toll-free) |
| Child Helpline | 1098 |
Lucknow / Uttar Pradesh
The UP State Women Commission can be reached at 0522-2306403 or via WhatsApp at 6306511708. The One Stop Centre (Sakhi) scheme provides integrated support — medical, legal, psychological, and shelter services — and can be accessed through the 181 helpline. Each district in UP has a District Legal Services Authority that provides free legal aid for domestic violence cases.
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.