Domestic Violence Act 2005 Complaint: Procedure, Reliefs, 181

A woman facing abuse at home can apply to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005, directly, through a Protection Officer, or through someone on her behalf. The Magistrate can grant protection, residence, monetary, custody and compensation orders (Sections 18 to 22), and even an ex parte interim order on her affidavit. In an emergency, call 112; for counselling and referral, Women Helpline 181 works round the clock.

What counts as domestic violence

Section 3 is wide. It covers physical abuse (hurt, assault, force), sexual abuse (conduct that humiliates or violates her dignity), verbal and emotional abuse (insults, name-calling, taunts about not having a child or a son, threats), and economic abuse (denying money for necessities, selling her stridhan, or keeping her out of the shared household). Harassment for dowry or property is expressly included.

A “domestic relationship” means people who live or have at any time lived together in a shared household and are related by blood, marriage, adoption, a relationship in the nature of marriage, or as family members of a joint family.

Step-by-step: how to file

1. Get safe first. In immediate danger call 112, the emergency number into which the women helpline is integrated. Women Helpline 181 can connect you with police, hospitals, legal aid and One Stop Centres.
2. Contact the Protection Officer of your district (usually in the District Women and Child Development or Social Welfare office), a registered service provider, the police, or the Magistrate directly. Any of them must tell you your rights, including free legal aid.
3. Domestic Incident Report (DIR): the Protection Officer records your complaint in Form I and sends it to the Magistrate and the police station. A DIR is helpful but not compulsory; the Magistrate can act without it (Prabha Tyagi v. Kamlesh Devi, 2022).
4. File the Section 12 application in Form II before the Magistrate, listing the reliefs you want. Attach an affidavit if you need an urgent ex parte order under Section 23(2).
5. First hearing is ordinarily within 3 days; the Protection Officer serves notice on the respondent.
6. Interim orders: the Magistrate may pass protection or residence orders at once, even before hearing the other side, if the affidavit shows a prima facie case.
7. Counselling or hearing: the court may direct counselling (Section 14), then hear both sides and pass final orders.
8. If the respondent breaches a protection order, report it to the police or the Magistrate; breach is a separate offence under Section 31.

Documents that help

• Proof of the relationship: marriage certificate, photographs, joint documents
• Medical reports, photographs of injuries, police complaint copies
• Messages, call recordings, emails showing threats or dowry demands
• Proof of residence in the shared household (Aadhaar address, bills)
• Income details of the respondent, your expenses, and a list of stridhan

Reliefs under Sections 18 to 22

• Section 18, protection order: stops the respondent from committing violence, entering her workplace or child’s school, contacting her, or operating joint bank accounts or selling joint assets.
• Section 19, residence order: restrains dispossession, directs the respondent to leave, bars him from her portion, or orders alternate accommodation or rent. No order to remove a woman from the house can be passed against a woman respondent. Section 19(8) allows return of stridhan and valuables.
• Section 20, monetary relief: loss of earnings, medical expenses, property loss, and maintenance for her and her children, in addition to Section 125 CrPC (now Section 144 BNSS).
• Section 21, custody order: temporary custody of children, with visitation for the respondent unless harmful.
• Section 22, compensation order: damages for injuries including mental torture and emotional distress.

Right to reside in the shared household

Section 17 gives every woman in a domestic relationship the right to reside in the shared household whether or not she has any title in it, and she cannot be evicted except by procedure established by law. In Satish Chander Ahuja v. Sneha Ahuja (2020), a three-judge Bench held that the shared household can include a house owned by the in-laws where she lived. In Prabha Tyagi (2022), the Court held she need not have actually lived there with the respondent at the time of filing.

Key case law

• Hiral P. Harsora v. Kusum Narottamdas Harsora (2016): the words “adult male” struck out of Section 2(q), so women and minors can be respondents.
• Kamatchi v. Lakshmi Narayanan (2022): Section 468 CrPC limitation does not apply to a Section 12 application; it applies only to prosecution for breach under Section 31.
• Prabha Tyagi v. Kamlesh Devi (2022): DIR not mandatory; right of residence in the shared household explained.

Common confusions

• A DV case is largely civil in nature, though heard by a Magistrate. Criminal prosecution follows only on breach of an order, or separately under Section 85 BNS (cruelty, earlier Section 498A IPC).
• Men cannot be “aggrieved persons” under this Act; the applicant must be a woman.
• Live-in partners are covered if the relationship is “in the nature of marriage”.

Exam angle

• Timelines: 3 days for first hearing, 2 days for service, 60 days for disposal, 30 days for appeal.
• Section 31 offence is cognizable and non-bailable (Section 32), and the court may convict on the sole testimony of the aggrieved person.

Frequently asked questions

Can I file a domestic violence case without a lawyer?

Yes. The Protection Officer helps fill the forms, and free legal aid is available through the Legal Services Authority.

Is there a time limit to file under the DV Act?

No limitation applies to a Section 12 application, as held in Kamatchi (2022), though delay may affect how evidence is weighed.

Can a mother-in-law be made a respondent?

Yes. After Hiral P. Harsora (2016), any person in a domestic relationship, including female relatives, can be a respondent.

Can I stay in my in-laws’ house?

If it is the shared household where you lived in a domestic relationship, Section 17 protects your right to reside there, subject to the court’s orders.

What is Women Helpline 181?

A 24-hour government helpline for women facing violence, which refers callers to police, hospitals, legal aid and One Stop Centres.

Quick quiz

Sources

• Protection of Women from Domestic Violence Act, 2005 (Sections 2, 3, 12 to 23, 27, 29, 31, 32)
• Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165
• Prabha Tyagi v. Kamlesh Devi, AIR 2022 SC 2331; Kamatchi v. Lakshmi Narayanan, AIR 2022 SC 2932
• Ministry of Women and Child Development note on Women Helpline 181 and One Stop Centres (PIB, March 2025)

This page is for education and general information, not legal advice for a specific case.