Quick answerA woman facing physical, sexual, verbal, emotional or economic abuse in a domestic relationship can apply to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act 2005. The court can grant protection orders, residence orders, monetary relief, custody and compensation under Sections 18 to 22, including interim and ex parte orders. Cruelty by a husband or his relatives is also a criminal offence under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (old Section 498A IPC).
- Civil remedy
- DV Act 2005, Section 12
- Criminal law
- BNS 85, 86 and 80
- Forum
- Judicial Magistrate
- Breach of order
- Offence under Section 31
What counts as domestic violence
Section 3 of the DV Act defines domestic violence widely. It covers physical abuse, sexual abuse, verbal and emotional abuse (insults, ridicule, threats, name-calling over not having a male child), and economic abuse (denying money for household needs, disposing of her stridhan, or stopping her access to the shared home). Harassment for dowry is specifically included.
The woman must be in a domestic relationship with the respondent: a wife, a woman in a relationship in the nature of marriage, a mother, sister, daughter or widow living in a shared household. After the Supreme Court's decision in Hiral P. Harsora (2016), female relatives of the husband can also be respondents. In Prabha Tyagi (2022) the Court held that the woman need not have been actually living in the shared household at the time of the abuse to seek relief.
Orders the court can pass under the DV Act
| Section | Order | What it does |
|---|
| 18 | Protection order | Stops the respondent from committing violence, contacting her, entering her workplace, or alienating assets |
| 19 | Residence order | Prevents her dispossession from the shared household, or directs alternate accommodation or rent |
| 20 | Monetary relief | Covers loss of earnings, medical costs, loss of property and maintenance for her and the children |
| 21 | Custody order | Temporary custody of children, with visiting arrangements for the respondent |
| 22 | Compensation | Damages for injuries, including mental torture and emotional distress |
| 23 | Interim and ex parte orders | Immediate relief on an affidavit, pending the final hearing |
In Satish Chander Ahuja v. Sneha Ahuja (2020) the Supreme Court held that a shared household can include a home owned by the husband's relatives where the couple lived, so a residence order can be passed even if the husband does not own the house. Breach of a protection order is itself an offence under Section 31, punishable with up to one year, a fine of up to ₹20,000, or both.
How a domestic violence case proceeds
- Domestic incident report. The woman can approach the Protection Officer, a service provider or the police, who record a Domestic Incident Report. She can also apply to the Magistrate directly through a lawyer.
- Application under Section 12. Filed before the Judicial Magistrate where she lives, where the respondent lives, or where the violence occurred.
- Interim relief. The court can pass interim or ex parte orders at the first hearing on an affidavit.
- Notice and reply. The respondents are summoned and file their reply. The Act asks the court to try to dispose of the application within 60 days of the first hearing, though in practice it often takes longer.
- Appeal. Orders can be challenged before the Sessions Court within 30 days under Section 29.
The Supreme Court held in Kamatchi v. Lakshmi Narayanan (2022) that there is no limitation period for filing a Section 12 application. Proceedings under the DV Act are civil in nature, so filing one does not lead to arrest; the criminal route is a separate FIR.
Cruelty, dowry death and the Dowry Prohibition Act
Under Section 85 BNS (old 498A IPC), cruelty by a husband or his relatives is punishable with up to three years and fine. Section 86 defines cruelty as wilful conduct likely to drive the woman to suicide or cause grave injury, or harassment to meet unlawful demands for property. It is cognizable and non-bailable.
Dowry death under Section 80 BNS (old 304B IPC) applies where a woman dies of burns, bodily injury or otherwise than in normal circumstances within seven years of marriage, and it is shown she was subjected to cruelty for dowry soon before her death. It carries a minimum of seven years and up to life imprisonment. The Dowry Prohibition Act 1961 separately punishes giving, taking and demanding dowry.
Maintenance can also be claimed under Section 144 BNSS (old 125 CrPC) and in divorce proceedings; courts adjust amounts so the woman is not paid twice for the same need.
Defending against a false or exaggerated complaint
Courts have long recognised that matrimonial complaints are sometimes used to name every relative of the husband. Safeguards that help families include:
- Arnesh Kumar (2014). The case arose from a 498A complaint. Police must not arrest automatically and should issue a notice of appearance, now under Section 35 BNSS.
- Cooling period and Family Welfare Committees. In 2025 the Supreme Court endorsed guidelines framed by the Allahabad High Court, under which no coercive action is ordinarily taken for two months after a complaint and the matter is referred to a Family Welfare Committee. How this is applied varies by state.
- Vague allegations. The Supreme Court has quashed proceedings against distant relatives where the complaint made only general allegations without specific acts.
We prepare a reply to the DV application, seek anticipatory bail where an FIR is likely, and, where the parties settle, petition the High Court to quash the criminal case.
Common mistakes on both sides
- Not keeping medical records, photographs and messages from the time of the abuse.
- Leaving the shared home without recording that she was forced out, which complicates a residence order.
- Respondents ignoring an interim order, which creates a fresh offence under Section 31.
- Filing overlapping maintenance claims without disclosing the others; courts require disclosure of income and existing orders.
The DV Act allows the Magistrate to direct either or both parties to undergo counselling, and many courts refer matrimonial disputes to their mediation centres. Mediation is voluntary in outcome: no one can be forced to settle, and a woman can continue to seek protection while talks go on. Where the parties do agree, the terms are best recorded in a single settlement that covers the DV case, maintenance, stridhan, custody, divorce and any criminal case together, so that nothing is left open.
Court fee on a DV application is nominal. Our professional fees depend on whether you are the applicant or a respondent, the number of proceedings involved and the stage of the case. We give a written estimate before we begin.
Documents you need
Bring what you have. If you are in immediate danger, call 112 or the women helpline 181 first.
- Marriage certificate or proof of the relationship
- Proof of the shared household: address proof, rent or ownership papers
- Medical records and photographs of injuries
- Messages, emails, call recordings and witness details
- List of stridhan and jewellery, with photos or bills
- Income proof of both parties, if seeking monetary relief
- Copy of any FIR, DIR, notice or court order already issued
How we handle it for you
Listen and plan
We hear you in confidence and decide whether a DV application, an FIR, a defence or a combination is right.
Draft the case
Application or reply prepared with a clear chronology, documents and the specific reliefs needed.
Seek interim orders
For applicants we press for urgent protection and residence orders; for respondents we oppose unsupported claims.
Hearings and evidence
We represent you through evidence, mediation and arguments.
Enforce or close
We enforce orders, or record settlements and seek closure of related cases.
Why clients choose ProudLegal
Advocates who appear in courtYour matter is drafted and argued by enrolled advocates, not call-centre staff.
Company and tax filings in-houseCompany secretaries and tax professionals handle registrations and returns.
Fees agreed in writingYou receive a written fee quote before any work begins.
Updates on WhatsApp and emailEvery hearing date, filing and document is shared as it happens.
Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.
Frequently asked questions
Who can file a case under the Domestic Violence Act?
A woman in a domestic relationship, such as a wife, a live-in partner in a relationship in the nature of marriage, a mother, daughter or sister, who has suffered domestic violence.
Can a DV case be filed against the mother-in-law?
Yes. Since Hiral Harsora (2016), female relatives of the husband can be respondents under the DV Act.
Is there a time limit to file a domestic violence case?
No limitation applies to an application under Section 12, as held in Kamatchi (2022). Delay can still affect how the court views the evidence.
Does a DV case lead to arrest?
Not by itself. DV Act proceedings are civil remedies; arrest arises only if an FIR is registered for a criminal offence or a protection order is breached.
Can a wife live in the in-laws' house under a residence order?
Yes, if it is a shared household where she lived in a domestic relationship. The court balances this with the rights of the owners.
What is the punishment under Section 85 BNS?
Cruelty by a husband or his relatives is punishable with imprisonment of up to three years and fine.
Can a domestic violence case be withdrawn?
A DV Act application can be withdrawn. A criminal case under Section 85 BNS is non-compoundable and is usually closed by a High Court quashing petition after settlement.
Can men file a domestic violence case?
No, the DV Act protects women. Men can seek other civil and criminal remedies for harassment or cruelty, including in divorce proceedings.
