Family · 8 min read
Domestic Violence Act — reliefs, procedure and forum
Reliefs under the Protection of Women from Domestic Violence Act, 2005 — protection orders, residence orders, monetary relief, custody and compensation.
The Protection of Women from Domestic Violence Act, 2005 (DV Act) is a civil law providing speedy reliefs to women in a domestic relationship who face physical, sexual, verbal, emotional or economic abuse.
Reliefs are granted by the Magistrate's Court on an application filed in Form II, often on the basis of a Domestic Incident Report prepared by a Protection Officer.
Who this guide helps
Is this for you?
- Wives, live-in partners, mothers, sisters, daughters, daughters-in-law facing abuse in a shared household
- Women facing economic abuse — denial of maintenance, control over earnings, dispossession
- Women apprehending dispossession from a shared household
Governing law
Legal basis
- Protection of Women from Domestic Violence Act, 2005
- Section 18 — Protection Order; Section 19 — Residence Order
- Section 20 — Monetary Relief; Section 21 — Custody Order; Section 22 — Compensation
- Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755 — relationship in nature of marriage
Step by step
The procedure
- 01
Document the incidents
Maintain a clear record — dates, places, descriptions, witnesses, photographs of injuries, medical records, voice / video recordings, message transcripts.
- 02
Approach the Protection Officer (optional but useful)
The Protection Officer assists in preparing a Domestic Incident Report (DIR) and filing the application. NGOs registered as service providers can also assist.
- 03
File the application (Form II)
Filed before the Magistrate having jurisdiction (where the woman resides, the respondent resides, or the cause of action arose). Reliefs are listed clearly with supporting facts.
- 04
Notice and interim reliefs
Notice issues to the respondent. The court can grant ex parte interim reliefs — protection, residence, monetary relief — pending final disposal.
- 05
Evidence and final order
Affidavit evidence followed by cross-examination. The Magistrate passes a reasoned order; appeal lies to the Sessions Court within 30 days.
- 06
Enforcement
Breach of protection order is an offence under Section 31 (up to one year imprisonment / fine). Monetary relief can be enforced through deduction from salary, attachment of property, etc.
Checklist
Documents to keep ready
- Identity & address proof
- Marriage certificate / proof of relationship
- Photographs, medical records, FIR/NC copies
- Income and asset details (own and respondent's)
- Children's birth certificates and school details (if custody sought)
What to expect
Indicative timeline
- Interim relief: often on the first / second date
- Final disposal: typically 6–18 months depending on contest
Money matters
Cost components
- Court fee — nominal
- Counsel fee — agreed in writing
Indicative only. Actual outflow depends on the forum, valuation and scope of work.
Avoid these
Common pitfalls
- Not filing for interim reliefs at the first opportunity
- Vacating the shared household before filing — weakens residence-order claim
- Mixing DV Act reliefs with criminal complaints without strategy — should be coordinated
From the chambers
Practical tips
- DV Act reliefs can run alongside divorce, maintenance and 498A IPC / 85 BNS proceedings
- Document the shared household — bills, ration card, voter ID
Questions we hear
Frequently asked
Can a live-in partner file under the DV Act?
Yes — a relationship 'in the nature of marriage' is included, subject to the criteria laid down in Indra Sarma.
Can the husband file under the DV Act?
No — the Act protects women in a domestic relationship; men have remedies under other laws.
This guide is general information, not legal advice. The applicable law and procedure may vary depending on the facts of your matter and amendments enacted from time to time.