Domestic Violence Laws in India: Protection Order, Residence Rights & Court Process

Introduction

Domestic violence is one of the most common yet underreported crimes in India. To protect women from physical, emotional, sexual, verbal, and economic abuse, the Government of India enacted the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

This law provides powerful civil remedies such as Protection Orders, Residence Rights, Monetary Relief, Custody Orders, and Compensation, without waiting for a criminal trial.

This detailed guide explains domestic violence laws in India, focusing on protection orders, residence rights, and the complete court process, along with strong legal insights.

What Is Domestic Violence Under Indian Law?

Under Section 3 of the Domestic Violence Act, 2005, domestic violence includes:

• Physical abuse

• Emotional and mental abuse

• Verbal abuse

• Sexual abuse

• Economic abuse

• Threats, coercion, and harassment

Even one incident is sufficient to file a domestic violence case.

Who Can File a Domestic Violence Case?

A domestic violence complaint can be filed by:

• Wife (including separated wife)

• Live-in partner

• Divorced woman (if abuse occurred during marriage)

• Any woman in a domestic relationship

Complaint can be filed even if the woman is not living with the abuser currently.

Protection Order Under Domestic Violence Act

What Is a Protection Order?

A Protection Order is issued by the Magistrate to prevent further acts of domestic violence.

Key Provisions of Protection Order (Section 18 PWDVA):

Court may restrain the respondent from:

• Committing domestic violence

• Contacting or threatening the woman

• Visiting her workplace

• Communicating through calls/messages

• Alienating assets

• Entering the shared household

Violation of a protection order is a criminal offence, punishable with imprisonment.

Residence Rights of Wife Under Domestic Violence Law

Right to Shared Household (Section 17 PWDVA)

A woman has the legal right to reside in the shared household, regardless of:

• Ownership of property

• Whether property is in husband’s name or in-laws’ name

Court Can Order:

• No eviction of wife

• Alternative accommodation

• Rent payment by husband

• Restraining husband/in-laws from disturbing possession

This right exists even if the woman does not own the property.

Monetary Relief & Maintenance Under Domestic Violence Act

Section 20 – Monetary Relief

Court can order payment of:

• Monthly maintenance

• Medical expenses

• Rent and accommodation expenses

• Loss of earnings

• Child maintenance

This is in addition to maintenance under Section 125 CrPC.

Custody of Children (Section 21 PWDVA)

Temporary custody of children can be granted to the mother to ensure safety and welfare.

Compensation for Domestic Violence (Section 22)

Court may award compensation for mental torture, emotional distress, and trauma suffered by the aggrieved woman.

Domestic Violence Court Process (Step-by-Step)

Step 1: Filing of Complaint

Complaint can be filed:

• Before Magistrate

• Through Protection Officer

• Through NGO

• Directly by the victim

No court fee required.

Step 2: Domestic Incident Report (DIR)

Protection Officer prepares a Domestic Incident Report, which supports the complaint.

Step 3: Issuance of Notice

Court issues notice to the respondent.

Step 4: Interim Orders

Court may grant:

• Interim protection order

• Interim residence order

• Interim maintenance

Step 5: Evidence & Arguments

Affidavits, documents, and oral arguments are considered.

Step 6: Final Order

Court passes final orders on:

• Protection

• Residence

• Maintenance

• Compensation

• Custody

Time Frame for Domestic Violence Cases

The Act mandates disposal within 60 days, though timelines may vary.

Is Domestic Violence a Criminal Case?

• Domestic Violence Act is civil in nature

• Breach of protection order becomes criminal offence

• DV case can run parallel with:

  • Section 498A IPC

  • Maintenance cases

  • Divorce proceedings

Documents Required for Domestic Violence Case

• Marriage proof

• Address proof

• Medical reports (if any)

• Photographs / recordings

• Messages / call records

• Income proof of husband

• Domestic Incident Report (if available)

Why Hire a Domestic Violence Lawyer in Delhi?

A domestic violence lawyer helps in:

• Drafting strong complaint

• Securing urgent protection orders

• Ensuring residence rights

• Obtaining maintenance quickly

• Handling false counter-cases

• Appearing before Magistrate efficiently

The Domestic Violence Act, 2005 is a powerful law designed to protect women from abuse within domestic relationships. With remedies like protection orders, residence rights, maintenance, and compensation, women can seek immediate legal relief without waiting for criminal trials.

Timely legal action and expert guidance can ensure safety, dignity, and justice.