Advocate, Supreme Court of India · IP Extension, Delhi & Vaishali, Ghaziabad 📞 +91 88518 40550  ·  ✉ advocateajaymishra8@gmail.com

Domestic Violence Act: Protection for Women

The Domestic Violence Act gives women quick civil remedies — protection, the right to stay in the home, and financial support — through the Magistrate's court.

Last reviewed: October 2026 · General information only, not legal advice. In an emergency call 112 or the women helpline 181.

What Counts as Domestic Violence

Any of the following by a person in a domestic relationship (husband, in-laws, live-in partner, relatives living together) PWDVA 3:

  • Physical abuse — hurting, beating, threatening
  • Sexual abuse
  • Verbal and emotional abuse — insults, ridicule, threats, taunts for not having a child or a male child
  • Economic abuse — denying money, stridhan or access to the home, disposing of assets
  • Harassment for dowry

Orders the Magistrate Can Pass

OrderSectionEffect
Protection order18Stops violence, contact, and alienation of assets
Residence order19Right to live in the shared household; restrains dispossession
Monetary relief20Maintenance, medical expenses, loss of earnings
Custody order21Temporary custody of children
Compensation22For injuries, including mental torture and emotional distress
Interim / ex parte orders23Urgent relief before the final hearing

A woman has the right to reside in the shared household whether or not she has any title in it PWDVA 17. Breach of a protection order is a criminal offence PWDVA 31.

How to Apply

  1. Approach the Protection Officer, a service provider, a One Stop Centre (Sakhi) or a lawyer.
  2. A Domestic Incident Report is prepared, and an application is filed before the Magistrate PWDVA 12.
  3. The Magistrate can pass interim orders quickly; the law aims for disposal within 60 days.
  4. A criminal complaint for cruelty can also be filed separately BNS 85. Read our 498A / BNS 85 guide →

Frequently Asked Questions

Who can file a case under the Domestic Violence Act?

A woman who is or has been in a domestic relationship with the respondent and who alleges domestic violence — including a wife, a woman in a relationship in the nature of marriage, a mother, sister, daughter or widow living in a shared household.

Can a wife be thrown out of the matrimonial home?

No. Under Section 17 of the Domestic Violence Act, a woman has the right to reside in the shared household, whether or not she has any right, title or interest in it, and she can obtain a residence order from the Magistrate.

Is a Domestic Violence case civil or criminal?

The reliefs under the Domestic Violence Act are civil in nature, although they are granted by a Magistrate. Breach of a protection order is a criminal offence under Section 31.

Need advice on your matter?

Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.