The Protection of Women from Domestic Violence Act, 2005 gives women a quick civil remedy against abuse in a domestic relationship. It does not replace the criminal law, but works alongside it, and it is designed to be accessible even to a woman who does not want to file a police case.
The main rights under the Act
- Right to reside in the shared household, whether or not she owns it (Section 17).
- Right to protection from further violence through a protection order (Section 18).
- Right to monetary relief for expenses, losses and maintenance (Section 20).
- Right to temporary custody of her children (Section 21).
- Right to compensation for mental torture and emotional distress (Section 22).
Who helps you: the Protection Officer
Each district has Protection Officers appointed under the Act. They receive complaints, prepare a Domestic Incident Report, help the woman reach a shelter or medical care and assist in filing the application. Registered service providers, such as NGOs, can also record the report.
How to file an application
- Contact the Protection Officer, a service provider or an advocate, or approach the Magistrate directly.
- The application is filed under Section 12 before the Metropolitan Magistrate of the area where you live, where the respondent lives or where the incident took place.
- The court fixes a first date within three days and serves notice on the respondent.
- The Magistrate can pass interim or ex parte orders under Section 23 on a prima facie case.
- The Act expects the application to be decided within 60 days of the first hearing.
What if the order is not followed?
Breach of a protection order is a criminal offence under Section 31 and can lead to imprisonment of up to one year, a fine of up to twenty thousand rupees, or both. You can report a breach to the police or the Protection Officer, and the court can take action.
Practical tips
- Call 112 (police) or 181 (women helpline) in an emergency.
- Keep copies of medical records, photographs, messages and your marriage proof.
- Do not sign papers that give up your right to residence or maintenance.
- Make a note of dates and details of each incident as soon as you can.
If you are the respondent
A complaint does not automatically mean an order will be passed. Reply on time, collect your records and do not contact the complainant directly. See our pages on domestic violence law in Delhi and defending a false case.
Please note: This article gives general information and is not legal advice. Every case depends on its own facts, so please consult an advocate before acting.