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Process at a Glance
How the Domestic Violence Case Moves
1
Contact a Protection Officer or Advocate
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2
File Application Under Section 12 — Form II
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3
Ex-Parte Interim Order if Urgent — Section 23(1)
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4
Notice to Respondent — Section 13
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5
Counselling — Section 14
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6
Hearing and Evidence
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7
Orders Passed — Sections 18 to 22
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8
Appeal — Section 29
Overview
What is Domestic Violence Under PWDV Act, 2005?
The Protection of Women from Domestic Violence Act, 2005 (PWDV Act) is the primary civil legislation in India protecting women from domestic violence. It came into force on 26 October 2006 and provides a comprehensive framework of civil remedies — protection orders, residence orders, monetary relief, compensation, and custody orders — that operate independently from criminal proceedings under the Bharatiya Nyaya Sanhita, 2023 or the Indian Penal Code, 1860.
Under Section 3 of the PWDV Act, domestic violence is defined broadly to include physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. The definition covers not only acts of actual violence but also threats, harassment, and conduct that harms or endangers health, safety, life, limb, or well-being — including mental well-being. The Supreme Court in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) held that Section 12 proceedings, though predominantly civil, are heard by a Magistrate acting as a criminal court — so the High Court's inherent power to quash them under Section 528 BNSS / Section 482 CrPC remains available in appropriate cases.
An "aggrieved person" under Section 2(a) means any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence. Crucially, the Supreme Court in Bhawna v. Bhay Ram (2023) confirmed that even a past domestic relationship is sufficient — the relationship need not be subsisting at the time of filing the Section 12 application.
Four Categories of Domestic Violence — Section 3
Physical Abuse
Any act or conduct that causes bodily pain, harm, or danger to life, limb, or health. Includes assault, criminal intimidation, criminal force, and use of weapons. Even a single act constitutes domestic violence — no pattern of conduct is required. Injuries need not be severe to fall within this category.
Sexual Abuse
Any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of the aggrieved woman. Includes marital coercion recognised as domestic violence under the Act, forced sexual acts, and sexual humiliation within the domestic relationship.
Verbal & Emotional Abuse
Includes insults, ridicule, humiliation, name-calling — particularly related to not having a child, not having a male child, or dowry-related taunts. Threats to cause physical pain or harm to any person in whom the aggrieved person has an interest. Conduct that humiliates in the presence of others.
Economic Abuse
Deprivation of economic or financial resources to which the aggrieved person is entitled — including property, maintenance, and household necessities. Disposal of household assets without consent, prevention from carrying on employment, forced removal from shared household, and denial of access to income or funds.
Key Takeaways
- The Protection of Women from Domestic Violence Act, 2005 is a civil law that gives an aggrieved woman a single, fast remedy — one application under Section 12 before the Magistrate can seek protection, residence, monetary relief, custody and compensation, and it runs independently of any criminal case under the Bharatiya Nyaya Sanhita, 2023 (formerly IPC).
- The reliefs available are wide — protection orders (Section 18), residence orders (Sections 17 & 19), monetary relief (Section 20), custody orders (Section 21) and compensation (Section 22) — and in urgent cases the Magistrate can pass an ex-parte interim order on the same day under Section 23(1).
- Every woman in a domestic relationship has a right to reside in the shared household under Section 17, even with no ownership or title. In Satish Chander Ahuja v. Sneha Ahuja (2021) a three-Judge Bench overruled the narrow view in S.R. Batra (2007) and held that a shared household includes the in-laws' property where the woman has lived in a domestic relationship.
- Protection is not limited to wives. A divorced woman, sister, mother, widow or a woman in a live-in relationship in the nature of marriage may qualify; a past domestic relationship is sufficient — it need not subsist on the date of filing (Prabha Tyagi v. Kamlesh Devi, 2022; Bhawna v. Bhay Ram, 2023).
- Breach of a protection order is a criminal offence under Section 31 — cognizable and non-bailable, punishable with imprisonment up to one year or fine up to Rs. 20,000 or both. The police may arrest without warrant, and the aggrieved person can report the breach directly.
- In Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) the Supreme Court settled that although Section 12 proceedings are predominantly civil, they are heard by a Magistrate exercising criminal-court jurisdiction — so the High Court's inherent power to quash them under Section 528 BNSS (Section 482 CrPC) is available, to be used cautiously and only in clear cases of abuse of process.
Reliefs
All Relief Sections — S.17 to S.23
A single application under Section 12 of the PWDV Act may combine all available reliefs. The Magistrate has power to pass any or all of the following orders. In urgent cases, ex-parte interim orders can be passed on the same day under Section 23(1) without notice to the respondent.
Section 17
Right to Reside in Shared Household
Every woman in a domestic relationship has the right to reside in the shared household regardless of whether she has any legal title or interest in the property. She cannot be evicted except by a court order. Per Satish Chander Ahuja v. Sneha Ahuja (2021), this extends even to in-laws' property.
Section 18
Protection Order
The Magistrate can order the respondent to stop committing acts of domestic violence, entering the workplace or school of the aggrieved person or children, communicating with her, alienating her assets, or operating joint bank accounts. Violation is a cognizable, non-bailable offence under Section 31.
Section 19
Residence Order
The Magistrate can: restrain the respondent from dispossessing the aggrieved person; direct him to remove himself from the shared household; restrain him from entering any part; direct alternative accommodation; or direct payment of rent for alternate accommodation of the aggrieved person.
Section 20
Monetary Relief
The Magistrate can direct payment of monetary relief for: loss of earnings; medical expenses; loss caused by destruction or damage or removal of property; and maintenance for the aggrieved person and her children. The quantum must be fair, reasonable, and consistent with the standard of living the aggrieved person is accustomed to.
Section 21
Custody Orders
The Magistrate can grant temporary custody of children to the aggrieved person or applicant. Visitation rights may be specified. Visitation can be refused if detrimental to the child's interests. Final custody is determined by Family Courts under HMA or Guardians and Wards Act.
Section 22
Compensation Order
The Magistrate can direct payment of compensation and damages for injuries including mental torture and emotional distress caused by acts of domestic violence. Compensation under Section 22 is over and above monetary relief under Section 20. Courts have awarded substantial amounts for sustained emotional abuse.
Section 23
Interim / Ex-Parte Relief
In urgent cases, the Magistrate can grant ex-parte relief under Section 23(1) without notice to the respondent — on the same day of filing. Under Section 23(2), interim orders can be passed at any stage. The Supreme Court in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) confirmed this interim-relief power subsists under the BNSS procedural framework.
Section 31
Breach of Protection Order
Breach of a protection order or interim protection order is a cognizable, non-bailable offence — punishable with imprisonment up to 1 year or fine up to Rs. 20,000 or both. On subsequent conviction, up to 2 years. Police can arrest without warrant. The aggrieved person can report directly to the police.
Eligibility
Who Can File — Domestic Relationship
Under Section 2(a) of the PWDV Act, an "aggrieved person" means any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence. The Act protects a wide range of women — not limited to wives. "Domestic relationship" under Section 2(f) and "shared household" under Section 2(s) are key to determining eligibility.
| Category | Covered? | Key Legal Condition |
|---|---|---|
| Wife against husband | Yes — clearly covered | Subsisting or past marriage; shared household required |
| Woman in live-in relationship | Yes — if "in the nature of marriage" | Both must be of marriageable age, neither should have existing valid spouse, cohabitation for significant period — per D. Velusamy (2010) |
| Daughter-in-law against in-laws | Yes | Must have shared household with respondent at some point in the domestic relationship |
| Sister, widow, mother against relatives | Yes — any woman in domestic relationship | Must have shared the household as part of the domestic relationship |
| Divorced woman against former husband | Yes — past domestic relationship sufficient | Bhawna v. Bhay Ram (2023): subsisting relationship not mandatory |
| Woman against female respondent (mother-in-law, sister-in-law) | Yes — after Hiral Harsora (2016) | SC struck down "adult male" from S.2(q) — female respondents maintainable |
| Live-in with a married man | Limited — courts examine facts | Velusamy (2010): relationship may not qualify as "in nature of marriage" where one party has valid existing marriage |
Procedure
Step-by-Step Procedure — Section 12 Application
An application under Section 12 of the PWDV Act is a predominantly civil application filed before the Judicial Magistrate First Class (JMFC). The Supreme Court in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) held that, although these proceedings are predominantly civil, they are heard by a Magistrate exercising criminal-court jurisdiction. The procedure below reflects current Delhi court practice.
1
Contact a Protection Officer or Advocate
The aggrieved woman, or any person on her behalf — a Protection Officer, Service Provider, or advocate — can initiate the process. In Delhi, Protection Officers are appointed by the Department of Women and Child Development at the district level. The Protection Officer prepares the Domestic Incident Report (DIR) in Form I under the DV Rules 2006, which is filed along with the Section 12 application.
2
File Application Under Section 12 — Form II
The application in prescribed Form II (DV Rules 2006) is filed before the Magistrate under Section 27 — where the aggrieved person permanently or temporarily resides or works, where the respondent resides or works, or where the cause of action arose. All reliefs under Sections 17 to 22 can be combined in a single application. There is no court fee for filing a DV application.
3
Ex-Parte Interim Order if Urgent — Section 23(1)
In cases of urgency, the Magistrate can pass an ex-parte interim order without notice to the respondent on the same day of filing. The order has immediate effect. This is critical in emergencies where immediate protection is needed or where there is danger of eviction from the shared household. The court then issues notice to the respondent, and the order continues until modified or discharged.
4
Notice to Respondent — Section 13
The court issues notice to the respondent under Section 13. In urgent cases, the first hearing must be fixed within 3 days of the application (Section 12(4)). The Protection Officer or authorised officer serves the notice. The respondent is given an opportunity to file a written response. The Magistrate may at any stage call for a report from the Protection Officer.
5
Counselling — Section 14
The Magistrate may, at any stage, direct the aggrieved person, the respondent, or both — individually or jointly — to undergo counselling with a qualified member of a Service Provider. This is discretionary, not mandatory. Counselling does not affect the aggrieved person's right to seek any relief available under the Act, and proceedings continue regardless of its outcome.
6
Hearing and Evidence
Both parties appear before the Magistrate. The Magistrate examines the application, DIR, and submissions. Proceedings are predominantly civil though heard by a Magistrate (Shaurabh Kumar Tripathi v. Vidhi Rawal, 2025 INSC 734). Section 12(5) requires disposal within 60 days of the first date of hearing. In practice, multiple hearings occur. Interim orders continue throughout and protect the aggrieved person pending final disposal.
7
Orders Passed — Sections 18 to 22
The Magistrate passes appropriate orders under the relevant sections. The Protection Officer assists in monitoring and execution. Violation of any protection order by the respondent is immediately reportable to the police — it is a cognizable, non-bailable offence under Section 31, punishable with imprisonment up to one year on first conviction.
8
Appeal — Section 29
Any party aggrieved by a Magistrate's order may appeal to the Court of Sessions under Section 29 within 30 days. The Sessions Court can confirm, modify, or set aside the order. Further revision or appeal lies to the High Court. The Supreme Court in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025) held that the High Court's inherent power under Section 528 BNSS (Section 482 CrPC) to quash DV proceedings is available, to be exercised cautiously in rare cases of abuse of process.
Important Note
A DV application is a civil remedy — it does not require an FIR and does not, by itself, send anyone to jail; punishment arises only on breach of a protection order (Section 31). It can be filed alongside a criminal case under the BNS (for cruelty), maintenance under Section 144 BNSS, or matrimonial proceedings, and the reliefs do not overlap. The procedure now runs under the BNSS (which replaced the CrPC for new matters from 1 July 2024); pending matters continue under the CrPC. There is no rigid limitation on filing — in Krishna Bhattacharjee v. Sarathi Choudhury (2016) the Supreme Court held that retention of stridhan is a continuing offence, so delay alone is not a bar — but the longer the gap, the more carefully the conduct must be explained. Section 12(5) directs disposal within sixty days of the first hearing, though in practice hearings continue while interim orders protect the aggrieved person.
Documents
Documents Required — Section 12 Application
The documents listed below are generally required or helpful for filing a Section 12 application before a Delhi Magistrate. Availability of each document may vary. The application can be filed even where certain documents are not yet available — the court may direct the Protection Officer to assist in gathering evidence.
Application in Form II (DV Rules 2006) — details of acts of domestic violence and reliefs sought
Domestic Incident Report (DIR) in Form I — prepared with the Protection Officer or NGO Service Provider
Identity proof — Aadhaar Card, Voter ID, Passport — of the aggrieved person for identification
Proof of shared household — electricity bill, rent agreement, or property documents in either party's name
Marriage certificate or proof of domestic relationship — nikahnama, registration certificate, or photographs
Evidence of physical abuse — photographs of injuries (dated), medical records, hospital treatment records
Screenshots of abusive messages, WhatsApp chats, voice notes, call records — evidence of verbal or emotional abuse
Copies of any FIR, complaint, or police complaint already filed — connecting criminal and civil proceedings
Birth certificates of children — required where custody relief under Section 21 is sought
Income / assets details of respondent — salary slips, ITR, bank statements — for monetary relief and compensation
Medical treatment bills and hospital records — for compensation under Section 22 for injuries and mental health impact
Witness affidavits — neighbours, relatives, or any person who witnessed acts of domestic violence or their effects
Practical Tip
Build the record early. Get the Domestic Incident Report (DIR) in Form I prepared through a Protection Officer or Service Provider — it is the backbone of the case — and preserve dated evidence: medical records, photographs, messages, call logs, bank statements and any FIR or police complaint already filed. Claim all reliefs in one Section 12 application rather than piecemeal, and seek an ex-parte interim order under Section 23(1) where there is immediate danger or a threat of dispossession. Where residence is the issue, ask specifically for a Section 19 residence order — a woman cannot be evicted from the shared household except by a court order, so she should not leave voluntarily without advice. Quantify the monetary relief under Section 20 with figures and proof (lost earnings, medical costs, maintenance). And remember that the appeal against a Magistrate's order lies to the Court of Sessions under Section 29 within thirty days. Consult an advocate before filing so the application and the affidavits are complete from the outset.
Limitation
Limitation & Key Time Periods
The PWDV Act does not prescribe a fixed outer limitation period for filing a Section 12 application. The cause of action under the Act is a continuing one — each act of domestic violence gives rise to a fresh cause of action. The Supreme Court in Bhawna v. Bhay Ram (2023) confirmed that past relationships are expressly covered — the aggrieved person does not need to be in a continuing domestic relationship at the time of filing.
⏱ Key Time Periods — PWDV Act 2005
Limitation for filing Section 12 application — no fixed outer period (continuing cause of action)No Fixed Period
First date of hearing in urgent cases — Section 12(4)Within 3 Days
Ex-parte interim order in emergency — Section 23(1), on date of filingSame Day
Disposal target from first date of hearing — Section 12(5)60 Days
Appeal to Sessions Court from Magistrate's order — Section 2930 Days
Breach of protection order — immediate arrest, cognizable and non-bailable — Section 31Immediate Arrest
Past domestic relationship — bar on filing?No Bar — Covered
Subsisting relationship mandatory at time of filing?Not Required (SC 2023)
Applicable Laws
Relevant Bare Acts & Statutes
📖 Relevant Section — S.3 (Protection of Women from Domestic Violence Act, 2005) +
Section 3 — Definition of domestic violence. For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it— (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Source: Protection of Women from Domestic Violence Act, 2005 — India Code (indiacode.nic.in).
Protection of Women from Domestic Violence Act, 2005
Primary statute. Key sections: S.2 (definitions — aggrieved person, domestic relationship, shared household, domestic violence), S.3 (definition of domestic violence — four categories), S.12 (application to Magistrate), S.13 (notice), S.14 (counselling), S.17 (right of residence), S.18 (protection order), S.19 (residence order), S.20 (monetary relief), S.21 (custody orders), S.22 (compensation), S.23 (interim and ex-parte orders), S.27 (jurisdiction), S.29 (appeal to Sessions Court), S.31 (breach — offence), S.37 (rule-making power).
IndiaCode.nic.in — PWDV Act 2005 →
Protection of Women from Domestic Violence Rules, 2006
Prescribes the forms: Form I (DIR), Form II (Application under Section 12), Form III (Notice to Respondent), Form IV (Protection Order), Form V (Residence Order), Form VI (Monetary Relief Order). Lays down the procedure for Protection Officers, Service Providers, Shelter Homes, and Medical Facilities. Prescribes qualifications for counsellors under Section 14.
WCD Ministry — DV Rules 2006 →
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Procedure for Magistrate proceedings under the PWDV Act is now governed by the BNSS (replaced CrPC from 1 July 2024 for new matters). Section 528 BNSS (corresponding to Section 482 CrPC) — inherent powers of the High Court to quash DV proceedings. The SC in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) held that, although Section 12 proceedings are predominantly civil, they are heard by a Magistrate as a criminal court, so the High Court's power to quash them under Section 528 BNSS / Section 482 CrPC is available — to be exercised cautiously. Pending matters continue under CrPC.
Bharatiya Nyaya Sanhita, 2023 / Indian Penal Code, 1860
Section 85 BNS (Section 498A IPC) — cruelty by husband or relatives of husband. Section 86 BNS (Section 304B IPC) — dowry death. Section 84 BNS (Section 406 IPC) — criminal breach of trust (relevant in Stridhan cases). DV Act proceedings do NOT bar parallel criminal proceedings. Both are independent and may run simultaneously. For offences before 1 July 2024, IPC provisions continue to apply.
Hindu Marriage Act, 1955 & Family Courts Act, 1984
Monetary relief under Section 20 PWDV Act does not preclude claiming maintenance under Section 144 BNSS (Section 125 CrPC equivalent) or Section 24 HMA. Courts will set off amounts for the same period — no simultaneous double enforcement. Family Courts have exclusive jurisdiction over matrimonial matters but NOT over Section 12 DV applications — those must go to the Magistrate.
Dowry Prohibition Act, 1961
Prohibits giving and taking of dowry. Section 3 (giving or taking — punishable), Section 4 (demanding dowry — punishable), Section 6 (Stridhan held in trust by husband). Dowry-related demands or economic deprivation constitute economic abuse under Section 3 PWDV Act and may separately attract prosecution under the Dowry Prohibition Act and Section 85 BNS (Section 498A IPC).
IndiaCode.nic.in — Dowry Prohibition Act →
Judgments
Landmark & Recent Judgments
1
Recent — High Court’s Power to Quash DV Proceedings
Shaurabh Kumar Tripathi v. Vidhi Rawal
Supreme Court of India | 2025 INSC 734 | [2025] 6 SCR 545 | Decided: 19.05.2025 | Justices Abhay S. Oka & Ujjal Bhuyan
Resolving conflicting High Court views, the Court held that although proceedings under Section 12 of the DV Act are predominantly civil, they are heard by a Magistrate exercising criminal-court jurisdiction — so the High Court’s inherent power under Section 482 CrPC (now Section 528 BNSS, 2023) to quash such proceedings is available. This power must be exercised cautiously and sparingly, only in rare cases of manifest illegality or abuse of process, so that the protective purpose of the DV Act is not undermined.
View on Indian Kanoon →
2
Recent — Right to Reside Even If Never Resided; DIR Not Mandatory
Prabha Tyagi v. Kamlesh Devi
Supreme Court of India | Criminal Appeal No. 511 of 2022 | (2022) 8 SCC 90 | Decided: 12.05.2022 | Justices M.R. Shah & B.V. Nagarathna
Every woman in a domestic relationship has a right to reside in the shared household under Section 17 even if she has not actually resided there, and even in the absence of a specific act of domestic violence. It is not mandatory that the aggrieved person be in a domestic relationship with the respondents in the shared household at the time of filing the Section 12 application. A Domestic Incident Report is not mandatory for the Magistrate to take cognizance — it must be considered if available, but its absence does not bar relief.
View on Indian Kanoon →
3
Landmark — ‘Shared Household’ Reinterpreted (s.2(s))
Satish Chander Ahuja v. Sneha Ahuja
Supreme Court of India | (2021) 1 SCC 414 | Decided: 15.10.2020 | 3-Judge Bench (Justices Ashok Bhushan, R. Subhash Reddy & M.R. Shah)
A three-Judge Bench reinterpreted ‘shared household’ under Section 2(s) and overruled the narrow view in S.R. Batra. A shared household includes a house belonging to a relative of the husband (for example, the in-laws’ house) in which the aggrieved woman has lived in a domestic relationship — it need not be owned by, or be the joint-family property of, the husband. The right to reside under Section 17 was reaffirmed; questions of title are decided in appropriate civil proceedings. The current controlling authority on shared household.
View on Indian Kanoon →
4
Landmark — Delhi HC: DV Act vs Senior Citizens Act
Vinay Varma v. Kanika Pasricha
Delhi High Court | CM(M) 1582/2018 | Decided: 29.11.2019 | Justice Prathiba M. Singh
Faced with the recurring conflict between a daughter-in-law’s right to reside in a shared household under the DV Act and the in-laws’/senior citizens’ right to seek eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Delhi High Court laid down guidelines to balance the two statutes. The court must ascertain the nature of the relationship and of the property, and arrive at a middle course — the right of residence does not automatically defeat the senior citizens’ rights, and a daughter-in-law may be directed to alternate accommodation where appropriate. The leading Delhi authority reconciling the two laws.
View on Indian Kanoon →
5
Landmark — Female Respondents Permitted (s.2(q))
Hiral P. Harsora v. Kusum Narottamdas Harsora
Supreme Court of India | (2016) 10 SCC 165 | AIR 2016 SC 4774 | Decided: 06.10.2016 | Justices Kurian Joseph & R.F. Nariman
The Court struck down the words ‘adult male’ in the definition of ‘respondent’ under Section 2(q) as violative of Article 14. After this judgment, a complaint under the DV Act can be filed not only against an adult male but also against female relatives (such as a mother-in-law or sister-in-law) and even non-adult members who aid or abet domestic violence. Domestic violence under Section 3 is gender-neutral as to the perpetrator.
View on Indian Kanoon →
6
Landmark — Stridhan & ‘Aggrieved Person’ After Separation
Krishna Bhattacharjee v. Sarathi Choudhury
Supreme Court of India | (2016) 2 SCC 705 | Decided: 20.11.2015 | Justices Dipak Misra & Prafulla C. Pant
A judicially separated wife continues to be an ‘aggrieved person’ under Section 2(a) — judicial separation does not end the marriage or the domestic relationship for the purposes of the DV Act. The retention of a woman’s stridhan by the husband is a continuing wrong (economic abuse), so a claim for its return under Section 12 is not barred by limitation. Courts must not dismiss DV applications at the threshold on technical grounds without proper deliberation.
View on Indian Kanoon →
7
Landmark — Factors for ‘Relationship in the Nature of Marriage’
Indra Sarma v. V.K.V. Sarma
Supreme Court of India | Criminal Appeal No. 2009 of 2013 | Decided: 26.11.2013 | Justices K.S. Radhakrishnan & Pinaki Chandra Ghose
Expanding on Velusamy, the Court set out detailed factors to determine whether a live-in arrangement is a ‘relationship in the nature of marriage’ under Section 2(f) — duration and continuity of the relationship, a shared household, pooling of resources and financial arrangements, sexual relationship, children, socialisation in public, and the intention and conduct of the parties. It clarified that a relationship with a person known to be already married generally does not qualify, while protecting a woman who was unaware of the existing marriage.
View on Indian Kanoon →
8
Landmark — Retrospective / Pre-Act Conduct Considered
V.D. Bhanot v. Savita Bhanot
Supreme Court of India | (2012) 3 SCC 183 | Decided: 07.02.2012 | Justices Altamas Kabir & J. Chelameswar
The Supreme Court affirmed the Delhi High Court’s view that the conduct of the parties even prior to the coming into force of the DV Act (26 October 2006) can be taken into account while passing orders under Sections 18, 19 and 20. A woman who had shared a household in the past, but was no longer doing so when the Act came into force, is still entitled to its protection. Confirms the protective, remedial character of the statute.
View on Indian Kanoon →
9
Landmark — Live-In / Relationship in the Nature of Marriage
D. Velusamy v. D. Patchaiammal
Supreme Court of India | (2010) 10 SCC 469 | Decided: 21.10.2010 | Justices Markandey Katju & T.S. Thakur
Interpreting ‘relationship in the nature of marriage’ under Section 2(f), the Court equated it with a common-law marriage and laid down the working criteria: the couple must hold themselves out to society as akin to spouses, be of legal age and otherwise qualified to marry, be unmarried, and have voluntarily cohabited in a shared household for a significant period. A purely casual relationship does not qualify. This is the leading authority on which live-in partners can claim protection under the DV Act.
View on Indian Kanoon →
10
Landmark — Shared Household (Earlier View, Now Overruled)
S.R. Batra v. Taruna Batra
Supreme Court of India | (2007) 3 SCC 169 | Decided: 15.12.2006 | Justices S.B. Sinha & Markandey Katju
An early reading of Section 2(s) holding that a wife’s right to reside in a ‘shared household’ was confined to a house belonging to or taken on rent by the husband, or to the joint family property of which the husband is a member — she could not claim a right to reside in property owned exclusively by her in-laws. This narrow view was later overruled by the three-Judge Bench in Satish Chander Ahuja v. Sneha Ahuja (2020). The case is retained here to show the evolution of the law on shared household.
View on Indian Kanoon →
Recent Developments
Recent Key Developments in DV Law
2025 — Supreme Court
Nature of S.12 Proceedings Settled
Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) held that Section 12 PWDV Act proceedings, though predominantly civil, are heard by a Magistrate exercising criminal-court jurisdiction — so the High Court's inherent power under Section 528 BNSS / Section 482 CrPC to quash them in appropriate cases is available. This settles long-standing confusion about the procedural character of DV applications.
2022 — Supreme Court
Right to Reside Even If Never Resided
Prabha Tyagi v. Kamlesh Devi (2022) 8 SCC 90 held that every woman in a domestic relationship has the right to reside in the shared household under Section 17 even if she has not actually lived there, and that a Domestic Incident Report is not mandatory for the Magistrate to take cognizance under Section 12. Significantly widens access to residence relief.
2023 — Supreme Court
Past Relationship Sufficient — Bhawna v. Bhay Ram
SC confirmed that a DV application is maintainable even after the domestic relationship has ended — no requirement that the relationship be subsisting at the time of filing. Also held courts cannot impose onerous conditions on complainants. Removes a frequently-raised technical bar against maintainability of DV applications.
2024 — New Criminal Laws
BNS/BNSS Impact on Parallel Criminal Proceedings
From 1 July 2024, BNS 2023 and BNSS 2023 replaced IPC and CrPC. Section 85 BNS (498A IPC equivalent) and Section 86 BNS (304B IPC equivalent) now govern parallel criminal proceedings in DV cases. PWDV Act proceedings continue under the Act with BNSS governing procedure. Old matters continue under CrPC and IPC.
FAQ
Frequently Asked Questions — PWDV Act
Can a woman file a DV case even after leaving the shared household?
Yes. The Supreme Court in Bhawna v. Bhay Ram (2023) held that it is not necessary for the domestic relationship to be subsisting at the time of filing the application under Section 12. A past domestic relationship is sufficient. Even if the woman has left the shared household due to violence or for safety reasons, she can file a Section 12 application and seek all reliefs including the right of residence under Section 17 and monetary relief under Section 20.
Can an immediate ex-parte protection order be obtained on the day of filing?
Yes — under Section 23(1) of the PWDV Act, the Magistrate can grant an ex-parte interim protection order on the same day of filing in urgent cases, without giving notice to the respondent. The order has immediate effect from the date it is passed. In practice, not all courts grant ex-parte orders on the day of filing — it depends on the urgency and the satisfaction of the Magistrate based on the averments in the application and the DIR.
Can a mother-in-law or sister-in-law be named as a respondent?
Yes. The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165 struck down the words "adult male" from Section 2(q) of the PWDV Act as unconstitutional under Article 14. Female relatives — including mother-in-law and sister-in-law — can be named as respondents. However, the actual scope of relief against specific female relatives depends on whether a domestic relationship and shared household can be established with each respondent named.
Does filing a DV case bar a separate Section 498A / 85 BNS criminal case?
No — they are independent proceedings. A DV case under the PWDV Act is a civil remedy before the Magistrate, while Section 498A IPC (Section 85 BNS for offences after 1 July 2024) is a criminal complaint. Both can be filed simultaneously — one does not affect the other. Courts treat these as parallel but independent remedies. Filing a DV application is not a bar to registering an FIR under Section 498A/85 BNS, and vice versa.
Can a woman claim the right to stay in her in-laws' house under the DV Act?
Yes — subject to conditions laid down by the Supreme Court. In Satish Chander Ahuja v. Sneha Ahuja (2021) 1 SCC 414, the SC overruled S.R. Batra v. Taruna Batra (2007) and held that "shared household" under Section 2(s) includes any house where the aggrieved person has lived in a domestic relationship — even if it belongs to in-laws and not the husband. However, the Magistrate has discretion in fashioning relief under Section 19 and must balance the rights of all occupants of the property.
What is the difference between monetary relief (S.20) and compensation (S.22)?
Section 20 provides monetary relief for economic losses — loss of earnings, medical expenses, loss caused by destruction or damage of property, and maintenance. It is essentially a maintenance-type remedy. Section 22 provides compensation specifically for injuries including mental torture and emotional distress caused by the domestic violence. Both are cumulative — both can be claimed in the same Section 12 application and awarded simultaneously by the Magistrate. There is no restriction on claiming both together.
Can a live-in partner file a domestic violence case?
Yes — if the relationship qualifies as a "relationship in the nature of marriage" under Section 2(f). The five conditions from D. Velusamy v. D. Patchaiammal (2010) must be met: both parties must hold themselves out as husband and wife; both must be of legal age to marry; neither should have an existing valid marriage; they must have voluntarily cohabited for a significant period; and must have lived together in a shared household. If one party has a valid existing marriage, the relationship may not qualify for PWDV Act protection.
What happens if the respondent violates a protection order?
Under Section 31 of the PWDV Act, breach of a protection order or interim protection order is a cognizable and non-bailable offence. The aggrieved person can report the breach directly to the police, who can arrest the respondent without a warrant. Upon conviction for a first offence, punishment extends up to 1 year imprisonment or fine up to Rs. 20,000 or both. On subsequent conviction, up to 2 years. The Magistrate who passed the original order also retains jurisdiction to take action for the breach.
Can a woman seek both DV monetary relief (S.20) and Section 125 BNSS maintenance?
Yes — both proceedings can run simultaneously. Monetary relief under Section 20 PWDV Act and maintenance under Section 144 BNSS (Section 125 CrPC equivalent) are independent remedies. However, courts will set off the amounts against each other for the same period — a woman cannot receive the full amount from both simultaneously for the same period. Similarly, Section 24 HMA maintenance can also run alongside, with the court ensuring no duplication.
Are DV proceedings under PWDV Act criminal or civil in nature?
Predominantly civil in nature — but heard by a Magistrate exercising criminal-court jurisdiction. The Supreme Court in Shaurabh Kumar Tripathi v. Vidhi Rawal (2025 INSC 734) clarified that, precisely because a Magistrate (a criminal court) hears these predominantly civil proceedings, the High Court's inherent power under Section 528 BNSS / Section 482 CrPC to quash DV proceedings is available — to be exercised cautiously, only in cases of manifest illegality or abuse of process.
Self-Assessment
Test Your Knowledge — PWDV Act Quiz
⚖ PWDV Act 2005 — Domestic Violence Law
Glossary
Key Legal Terms — Domestic Violence Law
Aggrieved Person
Under Section 2(a) PWDV Act, any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence. Wide definition — covers wives, live-in partners meeting Velusamy (2010) criteria, daughters-in-law, sisters, and mothers — as long as domestic relationship and shared household can be established.
Domestic Relationship
Under Section 2(f), two persons are in a "domestic relationship" if they live or have lived together in a shared household — related by consanguinity, marriage, relationship in the nature of marriage, adoption, or as members of a joint family. Past domestic relationships are covered — Bhawna v. Bhay Ram (2023) confirms the relationship need not be subsisting at the time of filing.
Shared Household
Under Section 2(s), a household where the aggrieved person lives or has lived at any stage in a domestic relationship — whether owned or tenanted, jointly or singly. Per Satish Chander Ahuja v. Sneha Ahuja (2021), this extends to in-laws' property even if not owned by the husband, overruling the restrictive interpretation in S.R. Batra (2007).
Domestic Incident Report (DIR)
A report in Form I prepared by the Protection Officer under DV Rules 2006, recording incidents of domestic violence alleged by the aggrieved person. The DIR is the primary document filed along with the Section 12 application. A Protection Officer who fails to prepare a DIR when requested may be proceeded against under the Act.
Protection Officer
Officers appointed by the State Government under Section 8 PWDV Act to assist aggrieved persons and facilitate access to legal remedies. In Delhi, Protection Officers are attached to the Department of Women and Child Development at the district level. Duties include preparing DIRs, serving notices, assisting in enforcement of orders, and providing information about shelter homes and medical facilities.
Respondent
Under Section 2(q) PWDV Act (as amended by Hiral Harsora SC judgment 2016), any adult person who is or has been in a domestic relationship with the aggrieved person and against whom relief is sought. Words "adult male" were struck down as unconstitutional — female respondents (mother-in-law, sister-in-law, other female relatives) are maintainable as respondents.
Economic Abuse
One of the four categories of domestic violence under Section 3 PWDV Act. Includes deprivation of all or any economic or financial resources to which the aggrieved person is entitled — including property, maintenance, income, and household necessities. Forced removal from shared household, prevention from carrying on employment, and disposal of household assets without consent are all forms of economic abuse.
Ex-Parte Order
An order passed by the Magistrate under Section 23(1) PWDV Act without giving notice to the respondent — in the respondent's absence — where the Magistrate is satisfied there is immediate need for relief. The order has immediate effect. After passing the ex-parte order, the court issues notice to the respondent who can apply for modification or discharge of the order at the next hearing.
Service Provider
Under Section 2(r), a registered voluntary association or company operating under a State Government scheme to provide relief, rehabilitation, and services under the PWDV Act. Service Providers can record a Domestic Incident Report under Section 10(2)(a) and file it before the Magistrate. They also provide shelter, legal aid, medical assistance, and counselling to aggrieved persons.
Relationship in Nature of Marriage
A live-in relationship satisfying the five conditions in D. Velusamy v. D. Patchaiammal (2010) — both parties hold themselves out as husband and wife, are of marriageable age, are otherwise qualified to marry, have voluntarily cohabited for a significant period, and have lived together in a shared household. Qualifies for PWDV Act protection. Casual or short-term cohabitation does not qualify.
Stridhan
Property belonging exclusively and absolutely to a Hindu wife — gifts received before, at, and after marriage from any source. Husband holds Stridhan merely as trustee — must return it on demand. Withholding Stridhan is criminal breach of trust under Section 84 BNS 2023 (Section 406 IPC). Economic deprivation through denial of Stridhan also constitutes economic abuse under Section 3 PWDV Act and can be addressed through a Section 20 monetary relief order.
Breach of Protection Order
Under Section 31, violation of a protection order or interim protection order is a cognizable and non-bailable offence — punishable with imprisonment up to 1 year (first offence) or up to 2 years (subsequent offence) or fine up to Rs. 20,000 or both. Police can arrest without warrant on receipt of a breach complaint. The Magistrate also retains jurisdiction to take action for contempt in appropriate cases.
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This is an informational guide and is reviewed periodically against the official sources cited above. If any provision appears outdated or an inadvertent error is noticed, it may be pointed out using the contact details on this page so that the content can be reviewed and corrected. Readers should verify the current statutory text and case law from authentic sources before relying on it.
