The Protection of Women from Domestic Violence Act, 2005 is a civil law. That single fact changes most of what people assume about it, and it is worth understanding before deciding what to do.
It does not put anyone in prison. What it does is allow a woman in a domestic relationship to ask a Magistrate for orders that change her situation — that the violence stop, that she not be thrown out of the house she lives in, that she be paid enough to live on, that her children stay with her. Breach of an order made under it is a separate offence, and that is where the criminal consequence sits.
Who can apply, and against whom
Any woman who is, or has been, in a domestic relationship with the respondent — living together in a shared household — and who alleges domestic violence. That covers a wife, but it is not limited to one: a mother, a sister, a daughter, a widow, and a woman in a relationship in the nature of marriage all fall within it, depending on the facts.
The definition of domestic violence in the Act is wide, and this is the part most people do not know. It is not confined to physical harm. It includes:
- Physical abuse — bodily harm, assault, criminal force
- Sexual abuse
- Verbal and emotional abuse — insults, ridicule, humiliation, particularly about not having a child or a male child, and repeated threats
- Economic abuse — denying money required for maintenance, taking away earnings, disposing of assets, denying access to the shared household
Economic abuse is the one women most often do not realise they can complain of, and it is frequently the most concrete part of a case because it leaves a documentary trail.
What a court can order
| Order | What it does |
|---|---|
| Protection order | Prohibits further acts of violence, contact, or entering her workplace or school |
| Residence order | Restrains dispossession from the shared household, or secures alternative accommodation — she cannot simply be put out |
| Monetary relief | Maintenance, loss of earnings, medical expenses, and loss caused by destruction or removal of property |
| Custody order | Temporary custody of children |
| Compensation order | For injuries including mental torture and emotional distress |
| Interim and ex parte orders | Available where the situation is urgent, without waiting for the full hearing |
The residence order is the one that most changes a woman’s practical position, because the immediate fear in a great many cases is not abstract — it is being put out of the house with nowhere to go.
How it relates to criminal proceedings
An application under the DV Act is separate from, and can run alongside, a criminal complaint. Cruelty by a husband or his relatives is now Section 85 of the Bharatiya Nyaya Sanhita, 2023, with cruelty defined in Section 86 — the provisions that replaced Section 498A of the Indian Penal Code for matters arising on or after 1 July 2024. Offences under the Dowry Prohibition Act, 1961 may also be involved.
Whether to bring a criminal complaint as well as a DV application is a real decision with real consequences, and it should be taken deliberately. A criminal complaint escalates matters, frequently draws in the husband’s whole family, and tends to end any prospect of a negotiated resolution. For some women that is exactly right. For others, where the immediate need is a roof, money and safety, the civil route delivers those faster and with less collateral damage. It is not a question anyone should answer for a woman without understanding her circumstances.
Maintenance
Monetary relief under the DV Act is one route. Maintenance may also be claimed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 — the provision that replaced Section 125 of the Code of Criminal Procedure — and under the personal law applicable to the parties. These routes are not mutually exclusive, but amounts awarded in one are taken into account in another, so they should be planned together rather than pursued at random. See matters concerning women.
What to bring
- Identity and address proof, and proof of the shared household — ration card, electricity bill, rent agreement, anything showing where you have been living
- Marriage documents, where the relationship is a marriage
- Medical papers, if there have been injuries or treatment
- Any police complaint or NC already made, and the date
- Messages, call records or letters that show what has been said
- Whatever is known of the respondent’s income — salary slips, business details, property
- Details of children, their schooling and expenses
Nobody arrives with all of that, and no one should delay taking advice because a document is missing. A good deal can be obtained later or reconstructed, and the first conversation is mostly about understanding the situation and what can be done quickly.
If the situation is urgent
Where there is an immediate risk of harm, the police can be approached at once, and interim and ex parte orders are available from the court without waiting for the other side to be heard. Protection Officers and service providers appointed under the Act also exist to assist, and shelter and medical facilities are provided for in it.
Consultations in these matters are held at chambers. Where it is difficult to speak freely from home, or difficult to travel, a telephone call can be arranged instead.
Common questions
Is the Domestic Violence Act a criminal law?
No, it is a civil law. It allows a woman to obtain orders from a Magistrate — protection, residence, monetary relief, custody and compensation. Nobody is imprisoned under it as such. Breach of an order made under the Act is, however, a separate offence.
Who can file under the Domestic Violence Act?
Any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence. That includes a wife, but also a mother, sister, daughter, widow, or a woman in a relationship in the nature of marriage, depending on the facts.
Does domestic violence mean only physical violence?
No. The Act covers physical, sexual, verbal and emotional abuse, and economic abuse — denying money needed for maintenance, taking away earnings, disposing of assets, or denying access to the shared household. Economic abuse is the category women most often do not realise they can complain of.
Can I be thrown out of the house?
A residence order can restrain your dispossession from the shared household or require alternative accommodation to be provided. The right to reside in the shared household does not depend on owning it. This is often the most immediately useful order the Act provides.
Should I also file a criminal case?
That is a real decision with real consequences. Cruelty by a husband or his relatives is now Section 85 of the Bharatiya Nyaya Sanhita, 2023, replacing Section 498A IPC. A criminal complaint escalates matters and usually ends any negotiated resolution. For some women that is right; for others, where the need is housing, money and safety, the civil route delivers faster. It should be decided with advice, on the particular circumstances.
Can I get maintenance as well?
Yes. Monetary relief is available under the DV Act, and maintenance may also be claimed under Section 144 of the BNSS — which replaced Section 125 CrPC — and under the personal law that applies. The routes overlap, and amounts awarded in one are taken into account in another, so they should be planned together.
Discussing a matter
Consultations are at chambers at 704 Classic Building, Gate No. 8, Malwani MHADA, Malad (West), Mumbai 400095, by appointment. Telephone or send a message on WhatsApp to +91 99301 50560, or use the contact page.
This page describes procedure in general terms. It is not legal advice, and what applies in a particular matter depends on its own facts and on the law as it stands at the time.
Related guides
- Widowed Daughter-in-Law: Maintenance, Home and Property Rights
- How to File a Domestic Violence Case in Mumbai
- Right to Residence in the Shared Household
- Getting Back Your Stridhan and Jewellery
- Dowry Harassment and Cruelty: Sections 85 and 86 BNS
- Maintenance Under Section 144 BNSS: Who May Claim and How
If you have been forced out of your home: read Thrown out of your marital home? What to do in the first 48 hours, including free help centres in Mumbai and Thane.
This page describes general procedure and is published for information only, in keeping with Rule 36 of the Bar Council of India Rules. It is not legal advice and does not solicit work. What applies to a particular matter depends on its own facts.