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Domestic Violence Act 2005: Rights, Reliefs, How to File

If you are being hurt, threatened or controlled at home, you are not alone and the law can help. The Domestic Violence Act gives women quick civil remedies, including the right to stay in the home.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

Getting help now

If you are in danger right now, call 112, the national emergency number. The Women Helpline 181 runs round the clock and can connect you to the police, a One Stop Centre, medical help and counselling. The National Commission for Women lists its 24x7 helpline as 14490.

You can also approach a Protection Officer, a registered service provider, the police, or the magistrate directly. Free legal help is available through your District Legal Services Authority.

What the Act is

The Protection of Women from Domestic Violence Act, 2005 (often called the DV Act or PWDVA) gives women civil remedies against violence in a domestic relationship. It protects wives, women in a relationship in the nature of marriage, and also mothers, sisters, daughters and other women who live or have lived in a shared household with the respondent.

In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court struck the words "adult male" out of the definition of respondent, so a complaint can be made against women relatives as well as men.

What counts as domestic violence

Section 3 defines domestic violence broadly. It includes:

• Physical abuse: acts that cause bodily pain, harm or danger to life, limb or health, including assault and criminal force.
• Sexual abuse: conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates a woman's dignity.
• Verbal and emotional abuse: insults, ridicule, humiliation and name-calling, especially about not having a child or a male child, and repeated threats to hurt someone she cares about.
• Economic abuse: depriving her of money or resources she is entitled to or needs, including household necessities, stridhan and maintenance; disposing of assets she has an interest in; or restricting her access to the shared household.

Harassment to meet a dowry demand is also domestic violence under the Act.

Reliefs the magistrate can order

• Protection orders (section 18): stopping the respondent from committing violence, contacting her, entering her workplace, or operating joint bank accounts.
• Residence orders (section 19): protecting her right to live in the shared household, stopping her from being thrown out, or directing the respondent to arrange alternative accommodation.
• Monetary relief (section 20): loss of earnings, medical expenses, damaged property, and maintenance for her and her children, in addition to other maintenance orders.
• Custody orders (section 21): temporary custody of children.
• Compensation orders (section 22): compensation for injuries, including mental torture and emotional distress.

Interim and ex parte orders are possible in urgent cases. Breach of a protection order is a criminal offence under section 31, punishable with imprisonment up to one year, a fine up to Rs 20,000, or both.

How to file

• Application under section 12: the woman, a Protection Officer, or any other person on her behalf can apply to the Judicial Magistrate First Class or Metropolitan Magistrate.
• Where: where she lives, even temporarily, or works; where the respondent lives or works; or where the violence happened.
• Domestic Incident Report: the Protection Officer or service provider records what happened. The magistrate considers it before passing orders.
• Timelines: the first hearing is ordinarily within three days of the application, and the magistrate is to try to dispose of the case within sixty days of the first hearing.
• Orders apply across India, and an appeal lies to the Court of Session within thirty days.

Other routes alongside the DV Act

The DV Act is civil in nature but works alongside the criminal law. Cruelty by a husband or his relatives is an offence under the BNS (see cruelty under section 498A / BNS). Reliefs under the DV Act can also be sought in a pending divorce or maintenance case under section 26.

Practical safety steps

• Keep copies of identity documents, bank details, medical records and photos somewhere safe or with someone you trust.
• Write down dates and details of incidents.
• Tell one trusted person what is happening.
• One Stop Centres in districts offer shelter, medical and legal support under one roof; 181 can direct you to the nearest one.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

• Protection of Women from Domestic Violence Act, 2005 (bare act, PRS India)
• Supreme Court: Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)
• National Commission for Women: helpline 14490 and online complaints
• Vikaspedia (Government of India): Women Helpline 181
• NALSA: free legal aid and helpline 15100

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