Protection of Women from Domestic Violence Act Guide
Explore the domestic violence protection framework and available legal concepts. Seek appropriate support for urgent or case-specific concerns.
घरेलू हिंसा से महिलाओं का संरक्षण अधिनियम, 2005
Civil law protecting women from physical, sexual, verbal, emotional and economic abuse
Overview: Protection of Women from Domestic Violence Act
The Protection of Women from Domestic Violence Act (PWDVA) is a civil law that gives every woman in a domestic relationship — wife, live-in partner, mother, sister, daughter — the right to be free from all forms of abuse. Reliefs are granted by the Magistrate.
This is a plain-English guide, not the statutory text. Check provisions against official legal sources, read our editorial policy, or research related judgments.
Prepare your records and choose the next resource
Useful records to organise for Protection of Women from Domestic Violence Act. These prompts are not a mandatory filing checklist.
- A dated incident chronology and any existing protection or court orders.
- Relevant relationship, residence, expense and communication records.
- A safe way to contact a Protection Officer or legal adviser; avoid collecting records if it puts you at risk.
Key provisions of Protection of Women from Domestic Violence Act
Section 3 — Definition of domestic violence
Covers physical, sexual, verbal, emotional, and economic abuse — including dowry harassment and denial of food, money, or shelter.
Section 17 — Right to residence
Every woman has a right to reside in the shared household regardless of whether she has title, ownership, or interest in it.
Section 18 — Protection orders
Magistrate can restrain the respondent from committing further violence, entering the workplace, contacting the aggrieved person, or alienating assets.
Section 19 — Residence orders
Prohibit dispossession, restrain alienation of the shared household, or direct the respondent to secure alternate accommodation.
Section 20 — Monetary reliefs
Medical expenses, loss of earnings, maintenance, and compensation — in addition to any claims under Section 144 BNSS (formerly Section 125 CrPC).
Section 21 & 22 — Custody and compensation orders
Temporary custody of children and compensation for injuries including mental torture and emotional distress.
Who can file and how
Any woman in a domestic relationship can file an application in Form II before the Magistrate under Section 12, either directly, through a Protection Officer, or through a registered service provider/NGO. Application is free. The Magistrate must issue notice within 2 days and dispose of the matter within 60 days.
Right to shared household
The Supreme Court in Satish Chander Ahuja v. Sneha Ahuja (2020) confirmed that a woman's right to reside in the shared household extends even to homes owned by in-laws, so long as it is where she lived in a domestic relationship. She cannot be dispossessed without due process.
Who typically needs this
- Women facing physical, emotional, verbal or economic abuse at home
- Live-in partners denied basic rights or thrown out of shared homes
- Mothers and daughters harassed by family members
- NGOs, Protection Officers and advocates supporting survivors
Frequently asked questions
Is PWDVA a criminal law?
PWDVA is primarily a civil law providing quick reliefs. However, breach of a protection order under Section 31 is a criminal offence punishable with up to 1 year imprisonment and/or fine up to ₹20,000.
Can a live-in partner file under PWDVA?
Yes. The Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) held that a woman in a 'relationship in the nature of marriage' — genuine cohabitation over a period — can seek relief under PWDVA.
How long does a PWDVA case take?
Section 12(5) requires the Magistrate to dispose of the application within 60 days, though in practice cases often take longer. Interim reliefs like protection orders can be granted immediately on first hearing.
Related laws
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