Domestic violence is not only physical. Insults, threats, controlling money, throwing a woman out of the house, and harassment over dowry are all covered by the Protection of Women from Domestic Violence Act, 2005 (DV Act). The Act is civil in nature: its purpose is to give a woman quick protection and practical relief, not primarily to punish. This guide explains how a case is filed in Mumbai.
Who can file, and against whom
- Who: any woman who is or has been in a domestic relationship with the respondent: a wife, a woman in a live-in relationship in the nature of marriage, a mother, sister, daughter or widow living in a joint family.
- Against whom: the husband or male partner, and his relatives, including female relatives such as the mother-in-law.
- The application can be filed by the woman herself, through a Protection Officer, or by someone on her behalf.
What counts as domestic violence
| Type | Examples |
|---|---|
| Physical abuse | Hitting, pushing, causing bodily harm |
| Sexual abuse | Conduct of a sexual nature that humiliates or degrades |
| Verbal and emotional abuse | Insults, name-calling, ridicule for not having a child or a son, threats |
| Economic abuse | Denying money for the household or children, taking her salary or stridhan, preventing access to the home |
| Dowry harassment | Harassing her or her family for money or property |
The reliefs a Magistrate can grant
- Protection order (Section 18): stopping further violence, contact, entering her workplace, or disposing of assets.
- Residence order (Section 19): she cannot be thrown out of the shared household; the respondent can be directed to keep away or to pay rent for alternative accommodation. The Magistrate can also direct return of her stridhan.
- Monetary relief (Section 20): household expenses, medical costs, loss of earnings, maintenance for her and the children.
- Custody order (Section 21): temporary custody of children.
- Compensation (Section 22): for injuries, including mental torture and emotional distress.
- Interim and ex parte orders (Section 23): urgent orders, even before the other side is heard, where the situation requires.
Step by step
- Safety first. In an emergency, call 112. Get medical treatment for injuries and keep the records.
- Record the facts. Write down incidents with dates; keep messages, photographs, and witness names.
- Protection Officer (optional). Protection Officers appointed by the State’s Women and Child Development Department can record a Domestic Incident Report (DIR) and help with shelter, medical aid and filing. The Supreme Court held in Prabha Tyagi v. Kamlesh Devi (2022) that a DIR is not compulsory before the Magistrate acts on an application filed by the woman herself or her advocate.
- File the application under Section 12 before the Metropolitan Magistrate. Under Section 27 it can be filed where she permanently or temporarily resides or works, where the respondent lives, or where the violence took place, so a woman who has moved to her parents’ home can file there.
- Ask for interim relief in the same application if there is urgency: protection, residence, or interim monetary relief.
- Hearing. The Act requires the first hearing ordinarily within three days of the application, and the Magistrate is to try to dispose of it within 60 days. In practice it often takes longer, which is why interim orders matter.
- Enforcement. Breach of a protection order is an offence under Section 31 of the Act.
DV case, police complaint or divorce?
These are not alternatives; they can be pursued together. A DV application gives practical relief. A police complaint under Section 85 BNS (cruelty) or the Dowry Prohibition Act addresses criminal conduct. Divorce, maintenance and custody can be sought in the Family Court. See dowry harassment and cruelty.
Frequently asked questions
Is there a time limit to file a DV case?
No limitation period applies to filing an application under Section 12. The Supreme Court so held in Kamatchi v. Lakshmi Narayanan (2022). Delay may still affect how the facts are viewed, so it is better to act early.
Can I file against my mother-in-law?
Yes. Relatives of the husband, including women, can be respondents.
I have left the house. Can I still file?
Yes. A woman need not be living in the shared household when she files. See right to residence in the shared household.
Does a DV case need a lawyer?
Not necessarily, but well-drafted applications, especially for interim relief and monetary claims, make a real difference.
See also: domestic violence matters and legal options for women.
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This guide describes general law and procedure as understood in October 2026. It is not legal advice; in an emergency, call 112.