Physical abuse
Hitting, pushing, burning, confinement or any act that causes bodily pain or danger.
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If you are facing abuse at home, or have been named in a domestic violence complaint, you need clear advice quickly. We handle applications under the Protection of Women from Domestic Violence Act, 2005 before the Delhi courts, for residents and for families abroad.
The Act goes well beyond physical violence. It recognises that abuse can be quiet, financial or emotional.
Under Section 3 of the Protection of Women from Domestic Violence Act, 2005, domestic violence includes any act, omission or conduct that harms or endangers the health, safety, life, limb or well-being of the woman, whether mental or physical. It also covers a demand for dowry or other property made to her or her relatives by way of harassment.
Hitting, pushing, burning, confinement or any act that causes bodily pain or danger.
Insults, ridicule, humiliation, threats, and taunts about not having a child or a son.
Any conduct of a sexual nature that abuses, humiliates or degrades the woman.
Denying money, stridhan or jewellery, stopping her from working, or locking her out of the home.
Domestic violence can be committed within a marriage, a live-in relationship or a relationship in the nature of marriage, and the shared household can be the home of the husband, his family or a joint family.
An “aggrieved person” is any woman who is, or has been, in a domestic relationship with the respondent and who alleges that she has been subjected to domestic violence. She may be a wife, a live-in partner, a sister, a widow, a mother or a daughter living in the shared household.
The respondent is usually the husband or partner. The Supreme Court, in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), struck down the words “adult male” from the definition, so female relatives of the husband can also be named as respondents in appropriate cases.
The Magistrate can pass several kinds of orders, and can pass urgent interim orders even before the respondent has replied.
Stops the respondent from committing violence, contacting you, entering your workplace or your children’s school, or harassing you by any means.
Protects your right to stay in the shared household. The respondent can be restrained from removing you or alienating the property.
Covers medical expenses, loss of earnings, damage to property and maintenance for you and your children.
Temporary custody of children can be granted to you, with visitation for the respondent where safe.
Separate compensation and damages for mental torture and emotional distress.
Urgent relief can be granted on the first hearing if there is a prima facie case, without waiting for the other side.
Most of our clients are relieved to learn that the process is designed to be quick and need not involve a long trial.
If you are in danger, call 112 (police) or 181 (women helpline). We then speak with you in confidence and plan the application.
A Protection Officer or service provider can record a Domestic Incident Report. We prepare the facts, dates and evidence so the application is precise.
The application is filed under Section 12 before the Metropolitan Magistrate. The court should fix the first date within three days.
The respondent is served and files a reply. The court can pass interim orders and the Act expects the case to be decided within 60 days of the first hearing, although in practice it can take longer.
You do not need a perfect file to begin. Share what you have and we will tell you what else is useful.
These remedies are separate and can run side by side. The domestic violence case is a civil remedy aimed at protection and support. The police route, under Section 498A of the IPC (now Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023), is criminal and can lead to punishment. A divorce petition ends the marriage itself.
Which route suits you depends on your priorities: safety today, a roof over your head, maintenance, or ending the marriage. We explain the trade-offs honestly instead of pushing every remedy at once.
A complaint does not mean an order will be passed. Both sides must be heard.
Some complaints are genuine and some are exaggerated or filed to pressure a spouse or a family. If you are a respondent, whether a husband, a parent or a sister-in-law, you should not ignore the notice. Reply on time, keep your evidence safe, and avoid contacting the complainant directly.
We help respondents prepare a reply, challenge wrong claims, cross-check the shared household facts and oppose unfair interim orders. Read more on our page about a false domestic violence case.
Domestic violence cases can involve families spread across countries.
If the husband or his family live abroad, or you are an NRI woman who has returned to India, the Indian court can still pass orders where the shared household or the cause of action is in India. See our page on domestic violence in NRI marriages, or our general NRI divorce lawyer page.
No. You can apply directly to the Magistrate under the Domestic Violence Act. A police complaint is a separate remedy.
You cannot be evicted from the shared household except by a legal procedure. The court can pass a residence order to protect you.
The Act expects the Magistrate to decide within 60 days of the first hearing, though delays are common. Interim protection can come much sooner.
The Act is meant for women. A man facing abuse has other remedies, such as the criminal law and a divorce petition on grounds of cruelty.
Yes. Monetary relief under Section 20 can include maintenance for you and your children, and it can run alongside a case under the maintenance laws.
Yes. Everything you tell us stays private. We can also speak by phone or video if travel is difficult.
A breach of a protection order is an offence under Section 31 of the Act, and you can ask the court to act against the respondent.
Often yes. Ongoing consequences, residence and money claims can still be raised, and we will advise on the facts.
Please note: This page gives general information and is not legal advice. Every case depends on its own facts, so please consult an advocate before acting.
Share your details and we will call you back. You can also read about contested divorce, NRI divorce and criminal and civil cases.
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