Updated: 1 September 2026
Domestic Violence Act, 2005: Where to File a Case and What Reliefs Can Be Claimed
An aggrieved woman can seek civil-protective remedies under the Protection of Women from Domestic Violence Act, 2005, including residence, protection, monetary relief, temporary child custody, compensation and urgent interim or ex parte orders.
What is domestic violence under section 3?
Domestic violence includes any act, omission, commission or conduct of the respondent that harms, injures or endangers the health, safety, life, limb or well-being-mental or physical-of the aggrieved person, or tends to do so. The definition expressly includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.
It also covers harassment connected with unlawful demands for dowry, property or valuable security; threats of such conduct; and other physical or mental injury caused to the aggrieved person.
How to file an application under section 12
An aggrieved person, Protection Officer, or any other person acting on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Act. A Domestic Incident Report received from a Protection Officer or service provider must be considered by the Magistrate before an order is passed, where such a report has been received.
State the domestic relationship, acts of domestic violence, relevant dates and the specific reliefs requested.
Use the jurisdiction rules in section 27, including the aggrieved woman's permanent or temporary residence.
Section 23 permits interim and, where the statutory conditions are met, ex parte relief.
Where available, attach identity/address records, medical papers, messages, financial material, complaint records, photographs, Domestic Incident Report and documents concerning children or shared household.
Section 12 states that the first hearing should ordinarily be fixed within three days of receipt of the application and that the Magistrate should endeavour to dispose of the application within sixty days from the first hearing.
Where can a domestic violence case be filed? - Section 27
The competent court is the Judicial Magistrate of the First Class or Metropolitan Magistrate within whose local limits:
- the aggrieved person permanently or temporarily resides, carries on business or is employed; or
- the respondent resides, carries on business or is employed; or
- the cause of action arose.
An order made under the Act is enforceable throughout India.
1. Right to reside in a shared household - Section 17
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. An aggrieved person cannot be evicted or excluded from the shared household except according to procedure established by law.
2. Protection orders - Section 18
On being prima facie satisfied that domestic violence has taken place or is likely to take place, and after the statutory opportunity of hearing except where an ex parte order is lawfully granted, the Magistrate may prohibit the respondent from acts including:
- committing, aiding or abetting domestic violence;
- entering the aggrieved person's workplace or, where the aggrieved person is a child, the school or other frequented place;
- communicating with the aggrieved person by personal, oral, written, electronic or telephonic contact;
- alienating specified assets or operating specified bank accounts or lockers without leave of the Magistrate;
- causing violence to dependants, relatives or persons assisting the aggrieved person; and
- doing any other act specified in the protection order.
3. Residence orders - Section 19
Where domestic violence is established to the statutory satisfaction of the Magistrate, a residence order may protect the aggrieved person from dispossession or disturbance of possession, restrain alienation or encumbrance, protect portions of the shared household and, where circumstances require, direct the respondent to secure comparable alternate accommodation or pay rent.
The Magistrate may also impose conditions for safety, require a bond to prevent domestic violence, direct police assistance for implementation, impose obligations regarding rent and other payments, and direct return of stridhan or other property or valuable security to which the aggrieved person is entitled.
Important: section 19(1)(b) itself provides that an order directing removal from the shared household cannot be passed against a person who is a woman.
4. Monetary relief - Section 20
The Magistrate may direct payment of monetary relief to meet expenses and losses suffered because of domestic violence. This may include:
- loss of earnings;
- medical expenses;
- loss caused by destruction, damage or removal of property; and
- maintenance for the aggrieved person and her children, in addition to or alongside maintenance available under other law where legally permissible.
The relief must be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed. It may be ordered as a lump sum or as monthly payments. In case of default, the Act permits directions to an employer or debtor of the respondent for payment or deposit of an appropriate portion of wages, salary or debt.
5. Temporary custody of children - Section 21
At any stage of proceedings for a protection order or other relief, the Magistrate may grant temporary custody of a child or children to the aggrieved person or the person making the application on her behalf. The Magistrate may specify visitation arrangements for the respondent. If a visit would be harmful to the interests of the child, the Magistrate must refuse such visitation.
6. Compensation and damages - Section 22
In addition to other reliefs, the Magistrate may direct the respondent to pay compensation and damages for injuries caused by domestic violence, including mental torture and emotional distress.
7. Interim and ex parte orders - Section 23
The Magistrate may pass any interim order considered just and proper. Where the application prima facie shows that the respondent is committing, has committed, or is likely to commit domestic violence, an ex parte order may be granted on the basis of the prescribed affidavit in relation to relief under sections 18, 19, 20, 21 or 22.
Other important procedural rights
Section 24: copies of orders passed under the Act are to be supplied free of cost to the parties and specified authorities. Section 25: a protection order continues until the aggrieved person applies for discharge, while other orders may be altered, modified or revoked on a material change in circumstances, for reasons recorded in writing.
Section 26: relief under sections 18 to 22 may also be sought in other civil, family or criminal proceedings affecting the parties, subject to the Act's disclosure requirements concerning relief already obtained elsewhere.
Appeal against a Magistrate's order - Section 29
An appeal lies to the Court of Session within 30 days from the date on which the Magistrate's order is served on the aggrieved person or the respondent, whichever is later.
Official legal sources
For the current statutory text and prescribed procedure, refer to the Protection of Women from Domestic Violence Act, 2005 - India Code and the Protection of Women from Domestic Violence Rules, 2006. For current criminal-procedure legislation and transitional provisions, refer to the Ministry of Home Affairs - New Criminal Laws.
Disclaimer: This page is general legal information. Domestic-violence proceedings are fact-sensitive, and urgent safety issues may require immediate police, Protection Officer, shelter, medical or court assistance. Current State notifications concerning Protection Officers and service providers should also be checked.