Legal Protection and Family

Domestic Violence

The Protection of Women from Domestic Violence Act, 2005 exists to deliver something most legal processes cannot: fast, practical protection. It allows a court to restrain further violence, secure a woman’s right to remain in her home, order maintenance and expenses, make interim custody arrangements and award compensation — with interim and ex parte orders available where the urgency demands it. Estabizz assists with safety and relief assessment, incident chronology, evidence review, application and complaint drafting, protection, residence, monetary and custody relief, coordination with Protection Officers and counsel, settlement documentation and defence support where an allegation has been made. All of it handled confidentially.

📅 2026
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⏱️ 16 min read
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👁️ Regulatory Guide
Focus: Domestic Violence
Main statute
PWDVA, 2005
Target disposal
60 days from first hearing
Breach of order
Cognizable, non-bailable
Urgent relief
Interim and ex parte

If You Are Not Safe Right Now

If there is immediate danger, legal strategy comes second. In an emergency, call 112. Get to a safe place, and seek medical attention for any injury — ask for the record, because a contemporaneous medical note is among the strongest evidence there is. Preserve messages and call logs rather than deleting them. A Protection Officer or a registered service provider under the Act can assist with shelter, medical aid and filing a domestic incident report. Everything else on this page can wait until you are safe.

One practical point worth knowing immediately: you do not have to decide between leaving and staying to protect your legal position. The Act protects the right to remain in the shared household, and leaving does not forfeit your claims either. Neither choice needs to be made for legal reasons rather than safety ones.

Overview

In simple terms… domestic violence is abuse within a domestic relationship, and the law provides a route to stop it and to secure your home and finances while you do.

What makes the PWDVA unusual is that it was designed around what people actually need in this situation — not to punish first, but to protect: an order to stop the abuse, the right to stay in the house, money to live on, arrangements for the children.

Criminal proceedings for cruelty exist separately under BNS Section 85 and serve a different purpose. Both can run, and choosing between them, or running both, is a decision worth taking deliberately.

Quick Answer

Domestic violence is not a licence or a registration. It is a legal wrong for which protective and financial relief can be sought from a Magistrate under the PWDVA, 2005.

Not every family dispute needs a case. But where there is violence, threat, financial deprivation, forced removal from the home or sustained harassment, the remedies exist and they are meant to be used quickly.

What Counts as Domestic Violence

Section 3 defines it broadly. Many people do not realise how much of their situation the definition already covers.

Form of abuseWhat it includes
Physical abuseAssault, bodily pain, harm or danger to life, limb or health
Sexual abuseSexual conduct that abuses, humiliates or degrades
Verbal and emotional abuseInsults, ridicule, humiliation, and repeated threats
Economic abuseDepriving financial resources, household necessities, stridhan or property
Denial of household expensesWithholding money required to run the household
Dowry-related harassmentDemands for dowry, property or valuables from the woman or her relatives
Residence-related abuseForcing her out of the shared household, or blocking access
Threat and coercionIntimidation, isolation and controlling behaviour
Child-related pressureUsing the children to control or threaten
Digital abuseThreats and harassment over messaging, calls or social media

Economic abuse is the category most often overlooked. Withholding household money, cutting off access to a joint account, refusing to pay for a child’s needs or withholding stridhan all fall within Section 3. Women frequently assume the Act applies only where there has been physical violence, and do not seek relief that is squarely available to them.

Who Can Apply, and Against Whom

PointPosition
Who may applyAn aggrieved woman in a domestic relationship with the respondent
Domestic relationshipMarriage, a relationship in the nature of marriage, or a family relationship
Who else may assistA Protection Officer, a registered service provider, or any person on her behalf
Who may be a respondentAny person in a domestic relationship against whom relief is sought
Can a woman be a respondentYes, following Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)
Shared household neededFor residence relief; the domestic relationship is the core requirement
ForumThe Magistrate having jurisdiction where she resides, the respondent resides, or the cause arose

The Harsora decision matters practically. Before it, the statutory definition of respondent was confined to an adult male, which left conduct by mothers-in-law and sisters-in-law outside the Act. The Supreme Court struck those words down as inconsistent with Article 14, so relief can now be sought against female relatives where the allegations against them are made out.

The Five Reliefs

ReliefProvisionWhat it does
Protection orderSection 18Restrains further violence, contact, entry to workplace or school, and specified acts
Residence orderSection 19Protects the right to reside; can restrain dispossession or direct alternate accommodation
Monetary reliefSection 20Loss of earnings, medical expenses, property loss and maintenance
Custody orderSection 21Temporary custody of children, with visitation where appropriate
Compensation orderSection 22Damages for injuries including mental torture and emotional distress

These are cumulative, not alternatives. A single application under Section 12 can seek all of them, and the relief actually needed should drive what is asked for rather than a standard template.

Residence Rights and the Shared Household

For many women the most urgent question is not compensation but whether they can stay in their home. Section 17 answers it directly: every woman in a domestic relationship has the right to reside in the shared household, whether or not she has any right, title or beneficial interest in it.

The in-laws’ house can be a shared household. This was contested for years. In Satish Chander Ahuja v. Sneha Ahuja (2020) a three-judge bench of the Supreme Court held that the definition in Section 2(s) is not confined to a household in which the husband has a share — a house belonging to a relative of the husband, in which the woman lived in a domestic relationship, can qualify. That departed from the narrower reading in S.R. Batra v. Taruna Batra, and it substantially widened the protection available where the couple lived in family property.

Residence relief availableEffect
Restraining dispossessionShe cannot be removed from the shared household
Restraining disturbance of possessionHer occupation cannot be interfered with
Directing the respondent to remove himselfWhere the facts justify it
Restraining entry to her portionWhere a part of the household is allotted to her
Restraining alienation of the householdPrevents sale or disposal to defeat the order
Alternate accommodation or rentThe respondent may be directed to provide it or pay for it
Directions for safetyIncluding return of stridhan and essential belongings

Interim and Ex Parte Orders

Section 23 is the provision that makes the Act useful in a crisis. The Magistrate may pass interim orders at any stage, and may grant an ex parte order on the basis of an affidavit where the respondent is committing, or is likely to commit, an act of domestic violence.

PointPractical position
When it is availableAt any stage of proceedings under Section 12
Basis for an ex parte orderAn affidavit disclosing the violence or the likelihood of it
What can be grantedInterim protection, residence, monetary relief or custody
Why it mattersFinal disposal is months away; the risk is present now
What strengthens the requestSpecific recent incidents, medical records and preserved messages
Can the respondent challenge itYes, and it may be varied or set aside once he is heard
What is expected of the applicantCandour — an overstated affidavit damages the case at the return hearing

How Quickly It Moves

StageExpected position
Application under Section 12Filed before the Magistrate having jurisdiction
Domestic incident reportConsidered where a Protection Officer or service provider has filed one
First hearingThe court fixes a date and notice goes to the respondent
Interim reliefCan be sought at the first hearing, or ex parte before it
Statutory expectationSection 12(5) — endeavour to dispose within sixty days of the first hearing
Practical realityOften longer, which is exactly why interim relief matters
Final orderProtection, residence, monetary, custody and compensation as granted
Duration of a protection orderRemains in force until the aggrieved person applies for discharge

The sixty-day expectation in Section 12(5) is a direction to endeavour rather than a guarantee, and lists are crowded. Plan for interim relief to carry you rather than assuming the final order will arrive quickly.

When an Order Is Breached

This is the provision that gives a protection order its teeth, and it is routinely under-explained. Breach of a protection order or an interim protection order is an offence under Section 31 — punishable with imprisonment up to one year, or a fine up to twenty thousand rupees, or both. Critically, the offence is cognizable and non-bailable. A protection order is therefore not merely a piece of paper: breaching it exposes the respondent to arrest without warrant.

Step on a breachWhat to do
Record the breachDate, time, what happened, and any witness
Preserve the evidenceMessages, call logs, CCTV and photographs
Report itThe breach is cognizable, so the police can act on it
Inform the Protection OfficerWhere one is assigned to the matter
Bring it before the MagistrateThe court that passed the order should know of the breach
Seek further reliefThe order can be strengthened in light of the breach
Keep the order copy availableEnforcement is quicker when the order can be produced

Is There a Time Limit

A delay objection is raised far more often than it succeeds. In Kamatchi v. Lakshmi Narayanan (2022) the Supreme Court held that the limitation period under Section 468 of the old Code does not apply to an application under Section 12 of the PWDVA, because such an application is not a complaint of an offence. Delay may still need to be explained on the facts, and it can affect how urgent the court considers the matter — but women are frequently told, wrongly, that they are simply out of time.

Breach proceedings under Section 31 are different: a complaint of breach is subject to its own timing, and should be brought promptly after the breach rather than saved up.

PWDVA and BNS Section 85

PointPWDVA, 2005BNS Section 85
NatureEssentially civil, protective and remedialCriminal offence
ObjectiveProtection, residence, money, custody, compensationPunishment for cruelty
Who is coveredAny respondent in a domestic relationshipHusband or a relative of the husband
ForumMagistrate, under Section 12Police and criminal court
PunishmentNone directly; Section 31 penalises breachImprisonment up to three years and fine
ClassificationApplication, not an FIRCognizable and non-bailable
CompoundableSettlement is generally possibleGenerally non-compoundable
Speed of reliefInterim and ex parte orders availableDepends on investigation and trial
Best used forStopping the abuse and securing home and moneySerious cruelty warranting prosecution

Section 36 confirms that the Act’s remedies are in addition to, and not in derogation of, any other law. Both routes can therefore run together. Whether they should is a judgement call — a criminal case raises the stakes for everyone and can make a negotiated resolution on residence and maintenance considerably harder.

Regulatory Framework

ParticularApplicable framework
Main protective statuteProtection of Women from Domestic Violence Act, 2005
Procedural rulesProtection of Women from Domestic Violence Rules, 2006
Criminal crueltyBNS Section 85, with cruelty defined in Section 86
Criminal procedureBharatiya Nagarik Suraksha Sanhita, 2023
EvidenceBharatiya Sakshya Adhiniyam, 2023, including Sections 61 to 63
MaintenanceBNSS Section 144, and the applicable matrimonial statute
Custody and guardianshipGuardians and Wards Act, 1890 and the applicable personal law
ForumMagistrate, with Protection Officers and service providers supporting
Relationship with other remediesPWDVA Section 36 — in addition to other laws
Commencement of the new criminal codesBNS, BNSS and BSA in force from 1 July 2024

Key Provisions

ProvisionPractical relevance
PWDVA Section 2(q)Respondent — "adult male" struck down in Harsora (2016)
PWDVA Section 2(s)Shared household — widened by Satish Chander Ahuja (2020)
PWDVA Section 3Definition of domestic violence, including economic abuse
PWDVA Section 12Application to the Magistrate for relief
PWDVA Section 12(5)Endeavour to dispose of the application within sixty days of the first hearing
PWDVA Section 17Right to reside in the shared household
PWDVA Section 18Protection orders
PWDVA Section 19Residence orders
PWDVA Section 20Monetary relief, including maintenance
PWDVA Section 21Custody orders
PWDVA Section 22Compensation orders
PWDVA Section 23Interim and ex parte orders
PWDVA Section 31Breach of a protection order — cognizable and non-bailable
PWDVA Section 36Remedies additional to other laws
BNS Section 85Cruelty by a husband or his relative
BNS Section 86Definition of cruelty for Section 85
BSA Sections 61 to 63Admissibility of electronic records

Evidence

These cases are decided on records rather than on the strength of feeling in the narrative. The good news is that most of the useful evidence already exists.

To establishWhat helps
The domestic relationshipMarriage proof, shared address records, family documents
The shared householdUtility bills, ration or voter records, correspondence to that address
Physical abuseMedical records made at the time, photographs of injuries
Threats and harassmentMessages, call recordings and logs, emails
Economic abuseBank statements, expense records, evidence of withheld payments
Dowry-related demandsMessages, witness accounts, records of transfers
StridhanItem-wise list with bills and marriage photographs
ChronologyA date-wise record of incidents, kept contemporaneously where possible
Prior reportingEarlier complaints, calls to police, or a domestic incident report
ImpactMedical or psychological records, employment consequences

Preserve originals. Electronic records are governed by Sections 61 to 63 of the Bharatiya Sakshya Adhiniyam, and a complete preserved record is worth considerably more than a set of cropped screenshots assembled later.

Documents Required

DocumentPurpose
Marriage or relationship proofEstablishes the domestic relationship
Shared household proofResidence relief and jurisdiction
Identity and address proofFiling and verification
Incident chronologyDate-wise account of what happened
Medical records and prescriptionsPhysical and psychological harm
Photographs and videosInjuries, damage or conditions
Messages, emails and call logsThreats, harassment and admissions
Police complaints or DIR, if anyPrior reporting history
Bank statementsEconomic abuse and financial dependence
Household expense recordsQuantifying monetary relief
Income details of the respondentMaintenance assessment
Stridhan list with billsReturn and compensation
Children’s documentsCustody and child support
Witness detailsCorroboration of incidents
Prior notices or ordersConsistency and continuity

How the Matter Runs

StepActivityOutput
1Confidential consultationSafety, urgency and the relief actually needed
2Safety planningImmediate steps, where risk is present
3Incident chronologyDate-wise account with supporting records
4Evidence reviewMedical, digital, financial and witness material
5Relief selectionProtection, residence, monetary, custody and compensation
6Route mappingPWDVA application, criminal complaint, or both
7DraftingSection 12 application, affidavit and annexures
8Interim relief applicationUrgent protection sought at or before the first hearing
9Filing and coordinationMagistrate, Protection Officer and counsel
10Hearing supportCounsel brief and document set
11Order and enforcementCompliance, and breach action where needed
12Ongoing trackingDates, orders, compliance and next steps

Protection Officers and Support Services

The Act built a support structure around the court process, and it is under-used because most people do not know it exists.

WhoWhat they do
Protection OfficerAssists in filing the application, prepares the domestic incident report, helps access services and assists the court
Domestic incident reportA formal record of the incidents, which the Magistrate considers
Registered service providersRecognised organisations that can record incidents and assist with medical aid and shelter
Shelter homesThe aggrieved person may be provided shelter on request
Medical facilitiesMedical aid may be provided, and the record supports the case
Police assistanceAssistance in giving effect to orders where required
CounsellingThe Magistrate may direct counselling in appropriate cases

Settlement and Withdrawal

Many of these matters resolve by agreement, and there is nothing wrong with that where it genuinely works. What causes problems is withdrawing without the underlying issues being addressed.

If settling, deal withWhy
ResidenceWhere she will live, and on what basis
MaintenanceAmount, mode, dates and default consequences
Stridhan and belongingsItemised, with a handover date
ChildrenCustody, visitation and expenses
Non-interference and safetyUndertakings on contact and conduct
Other proceedingsWhat happens to each, and in what sequence
Recording before the courtConsent terms carry far more weight than a private understanding
Revival on defaultWhat happens if the terms are not honoured

Where a criminal case under BNS Section 85 is also pending, note that it is generally non-compoundable, so a settlement does not by itself close it — that usually requires an application to the High Court. See the Divorce Settlement Agreements page for how connected proceedings are dealt with in settlement terms.

Responding to an Allegation

Allegations are sometimes exaggerated, and sometimes made against family members who had no involvement. A defence should be careful, specific and respectful — an aggressive or dismissive response tends to confirm the impression the applicant is trying to create.

SituationWhat the review covers
Allegations disputed on the factsChronology, records and contemporaneous communications
No domestic relationshipMaintainability of the application
No shared household connectionWhether residence relief is available against you
Respondent added without a roleParticularised allegations, or their absence
Relative living separatelyWhether the Act reaches them on these facts
Parallel matrimonial proceedingsConsistency across all filings
Digital evidence disputedCompleteness, context and admissibility under the BSA
Settlement already concludedTerms, compliance and effect
A criminal complaint added laterSeparate BNS and BNSS strategy

If a protection order is in force, do not contact the applicant directly. Even a well-intentioned message can constitute a breach, and breach under Section 31 is cognizable and non-bailable. Every communication should go through counsel while an order stands.

Where Cases Get Weakened

ProblemConsequenceHow we address it
A narrative with no datesThe court cannot see the pattern or the urgencyDate-wise chronology with supporting records
Evidence deletedThe best proof disappearsPreservation guidance from the first meeting
No medical recordPhysical abuse rests on assertion aloneMedical documentation at the time, wherever possible
Wrong relief soughtProtection delayed while the application is correctedRelief mapped to the actual need
Residence issue not raisedRisk of being removed from the homeSection 17 and 19 relief sought expressly
Monetary relief unquantifiedThe financial claim is weakExpense and income documentation
Every relative namedAttracts criticism and dilutes the caseParticularised allegations against those actually involved
Interim relief not soughtMonths of exposure while the case proceedsSection 23 application at the outset
Delay objection accepted without challengeA valid claim abandonedThe Kamatchi position applied
Settlement without safeguardsThe underlying situation continuesResidence, maintenance and safety addressed in the terms

Our Services

ServiceWhat we do
Confidential safety assessmentUrgency, risk, residence and immediate needs
Relief strategyWhich of the five reliefs to seek, and in what order
Incident chronologyA clear, date-wise account the court can work from
Evidence reviewMedical, digital, financial and witness material
Section 12 application supportApplication, affidavit and annexures
Interim relief supportSection 23 urgent protection
Residence order supportShared household and alternate accommodation
Monetary relief supportExpenses, losses and maintenance quantified
Custody relief supportChild-focused interim arrangements
Criminal route assessmentWhether BNS Section 85 should be pursued
Police complaint supportWritten complaint and BNSS-aligned process
Breach action supportSection 31 proceedings where an order is violated
Settlement documentationConsent terms with safeguards
Defence supportMeasured responses where an allegation is made
Advocate coordinationBrief, chronology and document set
Ticket-based trackingFiling, hearings, orders and compliance

FAQs

1. What is domestic violence under the law?

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines it broadly — physical, sexual, verbal, emotional and economic abuse, including harassment for dowry or property. It is considerably wider than physical violence alone.

2. Which law applies?

The PWDVA, 2005 is the main protective statute. Criminal cruelty by a husband or his relative is a separate offence under BNS Section 85, with cruelty defined in Section 86. The BNSS governs criminal procedure and the BSA governs evidence.

3. Is a PWDVA case civil or criminal?

Proceedings under Section 12 are essentially civil in nature, seeking protective and financial relief rather than punishment, even though they are heard by a Magistrate. Breach of a protection order under Section 31 is where criminal consequences attach.

4. Who can file?

An aggrieved woman in a domestic relationship — which includes marriage, relationships in the nature of marriage, and family relationships such as mother, sister or daughter living in a shared household.

5. Can a complaint be made against a woman?

Yes. The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) struck the words "adult male" from the definition of respondent, so female relatives can be respondents where the allegations against them are made out.

6. What reliefs can the court grant?

Five principal ones: a protection order under Section 18, a residence order under Section 19, monetary relief under Section 20, a custody order under Section 21 and a compensation order under Section 22.

7. What is a protection order?

An order restraining the respondent from committing further violence, contacting the aggrieved person, entering her workplace or school, operating joint accounts or committing other specified acts.

8. Can I be thrown out of the house?

Section 17 gives every woman in a domestic relationship the right to reside in the shared household, and a residence order under Section 19 can restrain dispossession — whether or not she has any legal or beneficial interest in the property.

9. What if the house belongs to my in-laws?

It can still be a shared household. In Satish Chander Ahuja v. Sneha Ahuja (2020) the Supreme Court held that a house belonging to a relative of the husband, in which the woman lived in a domestic relationship, can be a shared household — departing from the narrower earlier view in S.R. Batra.

10. Can I get an order quickly?

Section 23 allows interim orders and, where the facts justify it, ex parte orders based on an affidavit before the respondent is heard. Urgency is precisely what that provision exists for.

11. How long does the case take?

Section 12(5) requires the Magistrate to endeavour to dispose of every application within sixty days of the first hearing. In practice it often takes longer, but interim protection can come much earlier than final disposal.

12. Is there a limitation period for filing?

The Supreme Court held in Kamatchi v. Lakshmi Narayanan (2022) that the limitation under Section 468 of the old Code does not apply to an application under Section 12. Delay may still need explaining on the facts, but a stale-claim objection is not the bar it is sometimes presented as.

13. Can I file after leaving the matrimonial home?

Yes. Having left does not by itself end the domestic relationship for the purposes of the Act, though the facts and the reliefs sought will need to reflect the current situation.

14. What happens if the respondent breaches a protection order?

Breach is an offence under Section 31, punishable with imprisonment up to one year, or a fine up to twenty thousand rupees, or both. Importantly, the offence is cognizable and non-bailable — which is what gives a protection order practical force.

15. What is BNS Section 85?

The criminal offence of cruelty by a husband or his relative, punishable with imprisonment up to three years and fine. It is cognizable, non-bailable and generally non-compoundable.

16. Should I file under the PWDVA, under BNS Section 85, or both?

They serve different purposes. The PWDVA gives protection, residence, money and custody; Section 85 pursues punishment. Section 36 confirms PWDVA remedies are in addition to other remedies, so both can run — but that is a decision to take deliberately, weighing safety, evidence and what you actually need.

17. Can monetary relief include maintenance?

Yes. Section 20 covers loss of earnings, medical expenses, losses from property being removed or damaged, and maintenance for the aggrieved person and her children.

18. Can I get custody of my children through this?

Section 21 allows temporary custody orders, with visitation to the respondent where appropriate. It is interim relief within these proceedings rather than a substitute for a full custody determination.

19. Can digital evidence be used?

Yes, and it is often the strongest material available. Messages, call logs, emails and recordings are governed by Sections 61 to 63 of the Bharatiya Sakshya Adhiniyam, 2023, so preserve originals rather than isolated screenshots.

20. Should I take medical treatment even for minor injuries?

Yes, and ask for the record. A contemporaneous medical record made at the time is far more persuasive than an account given months later.

21. Can in-laws be made respondents?

They can, where there are specific allegations against them. Sweeping allegations against every family member weaken the case and attract judicial criticism; particularised allegations against those actually involved do not.

22. Can a domestic violence case be settled?

Often, yes, and many are. Any settlement needs to deal properly with residence, maintenance and safety, and simply withdrawing without those in place tends to leave the underlying problem untouched.

23. I have received a domestic violence notice I believe is false. What should I do?

Take it seriously and respond properly. Do not reply in anger and do not contact the applicant directly where an order is in force. Assemble your documents, address the allegations specifically, and take advice before anything goes on record.

24. What is the biggest mistake applicants make?

A complaint with no dates. Courts respond to a clear, date-wise chronology supported by records; a long emotional narrative without specifics is hard to act on, however genuine the underlying situation.

25. Can Estabizz appear in court?

We handle safety and relief assessment, chronology and evidence work, complaint and application drafting, defence responses and advocate coordination, confidentially. Appearance is through enrolled advocates.

Expert Insight

“The Domestic Violence Act was written to move faster than the rest of the legal system, and its value is lost when it is used slowly. Interim protection, the right to stay in the home and maintenance can all be sought at the outset. A clear chronology, contemporaneous records and the correct relief asked for on day one matter far more than the length of the narrative.”
— CS Devyani Khambhati, Compliance Expert

Disclaimer

This guide is general information, not matter-specific legal advice, and it is not a substitute for urgent help where someone is at risk. Whether particular conduct amounts to domestic violence, which reliefs are available, how a court will approach the facts and what evidence will be accepted all depend on the individual circumstances. Court decisions referred to here are summarised in general terms and their application to a particular case should be confirmed. Statutory positions stated here are as at October 2026 and parts of this guide remain under professional review. Estabizz provides assessment, documentation, drafting and coordination support, handled confidentially; appearance is through enrolled advocates. Confirm the position with your advocate before acting.

Protection First, Everything Else After

Interim protection, residence and maintenance can be sought long before any case concludes. Where safety is the issue, that urgency is the point of the legislation — and it should be used.