What the Act covers
The Protection of Women from Domestic Violence Act, 2005 is a civil law that gives women in a domestic relationship a quick remedy against physical, sexual, verbal, emotional and economic abuse. It covers wives, live-in partners, sisters, mothers and other women who share or have shared a household with the respondent.
Who can be a respondent
Although the Act originally referred to an adult male respondent, the Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) struck down those words, so that female relatives of the husband or partner can also be made respondents.
How to apply
An aggrieved woman may approach a Protection Officer, a service provider or directly the Magistrate under Section 12. The Magistrate is to fix the first hearing within three days and to dispose of the application within sixty days, though delays are common in practice.
Reliefs available
[ListParagraph] Protection orders under Section 18, restraining the respondent from committing violence or contacting the woman.
[ListParagraph] Residence orders under Section 19, which prevent dispossession from the shared household.
[ListParagraph] Monetary relief under Section 20 for expenses, losses, medical costs and maintenance.
[ListParagraph] Custody orders under Section 21 for children.
[ListParagraph] Compensation and damages under Section 22 for injuries, including mental torture.
The shared household
In S.R. Batra v. Taruna Batra (2007), the Supreme Court held that the shared household must ordinarily be one belonging to or taken on rent by the husband, or a joint family property in which he has a share. In Satish Chander Ahuja v. Sneha Ahuja (2020), a larger bench overruled that narrow reading and held that a shared household is where the woman lived or has lived in a domestic relationship, whether or not the respondent owns it, subject to the Act's other requirements.
Using the Act alongside other remedies
Relief under this Act is in addition to, and not in place of, remedies under the Hindu Marriage Act, maintenance laws and criminal provisions. The right combination depends on urgency and on what outcome the client wants.
Frequently Asked Questions
Q. Is a police complaint needed to use the Domestic Violence Act?
A. No. The application is made to the Magistrate, usually through a Protection Officer or a lawyer, though a police complaint may also be filed if a criminal offence is involved.
Q. Can a live-in partner use this Act?
A. Yes, if the relationship is in the nature of marriage, as the Supreme Court has explained in cases such as Indra Sarma v. V.K.V. Sarma (2013).
Disclaimer: This article is for general information only and is not legal advice. The law may change, and the facts of each matter differ.