Section 2(a)

“Aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent
and who alleges to have been subjected to any act of domestic violence by the respondent.
Section 2(f)
“Domestic relationship” means a relationship between two persons who live or have, at any point of time,
lived together in a shared household, when they are related by consanguinity, marriage, or through a
relationship in the nature of marriage, adoption or are family members living together as a joint family;
Section 2(q)
“respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved
person and against whom the aggrieved person has sought any relief under this Act: Provided that an
aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against
a relative of the husband or the male partner;
Section 2(s)
“shared household” means a household where the person aggrieved lives or at any stage has lived in a
domestic relationship either singly or along with the respondent and includes such a house hold whether
owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either
of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any
right, title, interest or equity and includes such a household which may belong to the joint family of which
the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right,
title or interest in the shared household.
i. Domestic Violence – Section 3 (Meaning of Domestic Violence- SAQ)
Any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it
a. harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical,
of the aggrieved person or tends to do so and includes
 physical abuse- means any act or conduct which is of such a nature as to cause bodily pain, harm,
or danger to life, limb, or health or impair the health or development of the aggrieved person and
includes assault, criminal intimidation and criminal force
 sexual abuse- includes any conduct of a sexual nature that abuses, humiliates, degrades or
otherwise violates the dignity of woman
 verbal and emotional abuse - insults, ridicule, humiliation, name calling and insults or ridicule
especially with regard to not having a child or a male child and repeated threats to cause physical
pain to any person in whom the aggrieved person is interested;
 economic abuse - deprivation of all or any economic or financial resources to which the
aggrieved person is entitled under any law or custom whether payable under an order of a court
or otherwise or which the aggrieved person requires out of necessity including, but not limited to,
house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly
or separately owned by the aggrieved person, payment of rental related to the shared house hold
and maintenance.

Disposal of household effects, any alienation of assets whether movable or immovable,

valuables, shares, securities, bonds and the like or other property in which the aggrieved person
has an interest or is entitled to use by virtue of the domestic relationship or which may be
 reasonably required by the aggrieved person or her children or her stridhan or any other property
jointly or separately held by the aggrieved person.

Prohibition or restriction to continued access to resources or facilities which the aggrieved person
is entitled to use or enjoy by virtue of the domestic relationship including access to the shared
household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the
respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the
case shall be taken into consideration.
ii. PROTECTION AND RELIEF UNDER DV Act (LAQ)
Section 4: Information to Protection Officer and Exclusion of Liability of Informant
Any person who has reason to believe that an act of domestic violence has been, is being, or is likely to be
committed, may report this information to the concerned Protection Officer.
No civil or criminal liability shall be incurred by any person for providing information in good faith under
sub-section (1).
Section 5 : Duties of Police Officers, Service Providers, and Magistrate
A police officer, Protection Officer, service provider, or Magistrate who receives a complaint of domestic
violence or is present at the scene of such an incident, or when the incident is reported to them, must inform
the aggrieved person of the following:
 The aggrieved person has the right to make an application for relief through a protection order, an
order for monetary relief, a custody order, a residence order, a compensation order, or any
combination of these orders under this Act.
 Information regarding the availability of services provided by service providers must be
communicated to the aggrieved person.
 The aggrieved person should be informed about the services offered by Protection Officers.
 The aggrieved person has the right to free legal services as stipulated under the Legal Services
Authorities Act, 1987.
 The aggrieved person is entitled to file a complaint under Section 498A of the Indian Penal Code (45
of 1860), where applicable.
Section 6: Shelter Home
If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person in
charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide
shelter to the aggrieved person in the shelter home.
Section 7: Duties of medical facilities
If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the person in
charge of a medical facility to provide any medical aid to her, such person in charge of the medical facility
shall provide medical aid to the aggrieved person in the medical facility.
PROTECTION OFFICERS
Section 8: Appointment of Protection Officers
The State Government shall, through notification, appoint a sufficient number of Protection Officers in each
district as deemed necessary. It will also specify the area or areas where each Protection Officer will exercise
their powers and perform their duties as provided under this Act.
  As far as possible, Protection Officers should be women, and they must possess the qualifications
and experience prescribed by the regulations.
 The terms and conditions of service for the Protection Officer and any subordinate officers shall be
as prescribed by the State Government.
Section 9: Duties and Functions of Protection Officers
 The Protection Officer must assist the Magistrate in carrying out his functions under this Act.
 Upon receiving a complaint of domestic violence, the Protection Officer shall prepare a domestic
incident report and submit it to the Magistrate. Copies must also be forwarded to the police station
within the local limits where the incident occurred and to the relevant service providers in that area.
 If the aggrieved person requests, the Protection Officer is responsible for filing an application with
the Magistrate to claim relief through a protection order.
 The Protection Officer must ensure that the aggrieved person receives legal aid under the Legal
Services Authorities Act, 1987, and provide the necessary forms to file a complaint, free of cost.
 A list of all local service providers offering legal aid, counseling, shelter homes, and medical
facilities must be maintained by the Protection Officer.
 If needed, the Protection Officer should arrange a safe shelter home for the aggrieved person and
forward a report of this lodging to both the police station and the Magistrate with jurisdiction over
the area where the shelter home is located.
 In cases where the aggrieved person has sustained bodily injuries, the Protection Officer must
arrange for a medical examination and forward the medical report to the police station and the
Magistrate with jurisdiction in the area of the alleged violence.
 The Protection Officer must ensure that any order for monetary relief under Section 20 is complied
with and executed according to the procedure laid out in the Code of Criminal Procedure, 1973.
 The Protection Officer must perform any other duties as prescribed.
 The Protection Officer operates under the supervision and control of the Magistrate and must
perform duties as directed by the Magistrate and the Government under this Act.
SERVICE PROVIDERS
Section 10: Service Providers
Any voluntary association registered under the Societies Registration Act, 1860, a company registered under
the Companies Act, 1956 or any other law in force that aims to protect the rights and interests of women by
lawful means (including legal aid, medical, financial, or other assistance) must register with the State
Government as a service provider under this Act.
A service provider registered shall have the following powers:
 The service provider may record the domestic incident report in the prescribed form, if the aggrieved
person wishes, and forward copies to the Magistrate and the Protection Officer with jurisdiction in
the area where the domestic violence took place.
 The service provider can arrange for the medical examination of the aggrieved person and forward
the medical report to the Protection Officer and the local police station where the domestic violence
occurred.
 If the aggrieved person requires shelter, the service provider must ensure that she is provided shelter
in a shelter home and forward a report of her lodging to the local police station where the domestic
violence took place.
 No legal action, such as suits, prosecutions, or other legal proceedings, shall be taken against any
service provider or its members for actions done in good faith while exercising powers or
discharging functions under this Act in preventing domestic violence.
GOVERNMENT
Section 11: Duties of Government
The Central Government and every State Government must take all necessary steps to ensure that:
 The provisions of this Act are widely publicized through public media, including television, radio,
and print media, at regular intervals.
 Officers of the Central Government and State Government, including police officers and members of
the judiciary, receive periodic sensitization and awareness training on the issues addressed by this
Act.
 Effective coordination is established between Ministries and Departments dealing with law, home
affairs (including law and order), health, and human resources to address issues of domestic violence.
A periodic review of these services must also be conducted.
 Protocols for the various Ministries involved in delivering services to women under this Act,
including the courts, are prepared and implemented.
OBTAINING RELIEF
1. Section 12: Application to Magistrate
 Filing an application:
An aggrieved person, a Protection Officer, or any other person on behalf of the aggrieved person may
submit an application to the Magistrate seeking one or more forms of relief under this Act.
Proviso: Before issuing any order on the application, the Magistrate must consider any domestic
incident report submitted by the Protection Officer or service provider.
 Reliefs for Compensation or Damages
The relief sought may include a request for compensation or damages for injuries caused by acts of
domestic violence, without affecting the aggrieved person’s right to file a separate suit for
compensation or damages.
If a court has already passed a decree for compensation or damages in favor of the aggrieved person,
any amount paid or payable under the Magistrate's order shall be offset against the decree amount.
The balance, if any, will be executable under the decree, notwithstanding any provisions in the Code
of Civil Procedure, 1908, or other applicable laws.
 The application must be in the prescribed form and contain the required particulars, or as closely
aligned to it as possible.
 The Magistrate must schedule the first hearing within three days of receiving the application.
 The Magistrate must aim to dispose of every application within sixty days from the date of the first
hearing.
2. Section 13: Service of Notice
 When the Magistrate fixes a date for the hearing under Section 12, a notice of the hearing shall be
given to the Protection Officer. The Protection Officer must serve this notice on the respondent, and
on any other person as directed by the Magistrate, using prescribed methods. This service must occur
within two days from the receipt of the notice, or within such further reasonable time as may be
allowed by the Magistrate.
 The Protection Officer shall provide a declaration of service of notice in the prescribed form, which
shall serve as proof that the notice was served upon the respondent and any other relevant persons,
unless proven otherwise.
TYPES OF RELIEF
Section 14: Counselling
At any stage during the proceedings under this Act, the Magistrate may direct either the respondent, the
aggrieved person, or both, to undergo counselling. The counselling must be conducted by a member of a
service provider with prescribed qualifications and experience.
If the Magistrate issues a counselling direction, the next hearing date must be scheduled within two months.

Section 15: Assistance of Welfare Expert

The Magistrate may seek the assistance of a welfare expert, preferably a woman, whether related to the
aggrieved person or not. This person could be someone engaged in family welfare, as the Magistrate deems
fit, to help in the discharge of his functions.

Section 16: Proceedings to be Held in Camera

If the circumstances of the case justify it, and if either party requests it, the Magistrate may conduct the
proceedings under this Act in camera (privately, not in open court).

Section 17: Right to Reside in a Shared Household

Every woman in a domestic relationship has the right to reside in the shared household, irrespective of
whether she has any legal or beneficial interest in the property.
The aggrieved person cannot be evicted or excluded from the shared household or any part of it by the
respondent, except through a procedure established by law.

Section 18: Protection Orders

The Magistrate may issue a protection order after providing both the aggrieved person and the respondent an
opportunity to be heard. If the Magistrate is prima facie satisfied that domestic violence has occurred or is
likely to occur, the protection order may be passed to safeguard the aggrieved person. The order may
prohibit the respondent from:
 Engaging in any act of domestic violence.
 Assisting or encouraging the commission of domestic violence.
 Entering the aggrieved person’s place of employment or, in the case of a child, its school or any
place frequented by the aggrieved person.
 Attempting to communicate with the aggrieved person by any means, whether personal, oral, written,
electronic, or telephonic.
 Transferring or operating bank lockers, accounts, or assets held jointly or singly by the respondent or
jointly with the aggrieved person, including her stridhan, without the Magistrate's permission.
 Causing violence to any dependents, relatives, or individuals assisting the aggrieved person.
 Committing any other specific act as mentioned in the protection order.

Section 19: Residence Orders

 When disposing of an application under Section 12(1) and satisfied that domestic violence has occurred,
the Magistrate may pass a residence order, which may:
  Restrain the respondent from dispossessing or disturbing the aggrieved person’s possession of the
shared household, regardless of the respondent’s legal interest in the property.
 Direct the respondent to vacate the shared household.
 Restrain the respondent or his relatives from entering the portion of the shared household where the
aggrieved person resides.
 Prohibit the respondent from alienating or disposing of the shared household or encumbering it.
Prevent the respondent from renouncing his rights to the shared household without the Magistrate’s
permission.
 Direct the respondent to secure alternate accommodation or pay rent for the aggrieved person’s
housing if necessary. No order for removal from the shared household can be passed against a
woman.
 The Magistrate can impose additional conditions to protect the aggrieved person or her child.
 The Magistrate may require the respondent to execute a bond, with or without sureties, to prevent further
domestic violence.
 An order under subsection (3) is treated as an order under Chapter VIII of the Code of Criminal
Procedure, 1973, and handled accordingly.
 The Magistrate can direct the nearest police station to provide protection to the aggrieved person or
assist in implementing the residence order.
 The Magistrate may impose obligations on the respondent to cover rent or other payments, considering
the financial needs of the parties.
 The Magistrate may order the police to assist in enforcing the protection order.
 The Magistrate may direct the respondent to return the aggrieved person’s stridhan or other property or
valuable security she is entitled to.

Section 20: Monetary Reliefs

 While disposing of an application under Section 12(1), the Magistrate may direct the respondent to
pay monetary relief to cover the expenses and losses incurred by the aggrieved person and any child
due to domestic violence. The relief may include:
(a) Loss of earnings.
(b) Medical expenses.
(c) Loss caused by the destruction, damage, or removal of any property under the aggrieved person’s
control.
(d) Maintenance for the aggrieved person and her children, including or in addition to an order under
Section 125 of the Code of Criminal Procedure, 1973, or any other relevant law.
 The monetary relief granted must be adequate, fair, reasonable, and consistent with the standard of
living to which the aggrieved person is accustomed.
 The Magistrate can order either a lump sum payment or monthly payments of maintenance,
depending on the nature and circumstances of the case.
 The Magistrate must send a copy of the monetary relief order to both parties and to the in-charge of
the police station within the jurisdiction where the respondent resides.
 The respondent must pay the monetary relief within the period specified in the order.
 If the respondent fails to make the payment, the Magistrate may direct the respondent’s employer or
debtor to directly pay the aggrieved person or deposit with the court a portion of the respondent’s
wages, salary, or debt, which will be adjusted towards the monetary relief.
Section 21: Custody Orders
Notwithstanding any other laws in force, the Magistrate may, at any stage of hearing the application for a
protection order or any other relief under this Act, grant temporary custody of any child or children to the
aggrieved person or the person making the application on her behalf. The Magistrate may also specify the
arrangements for the respondent's visitation with the child or children.
If the Magistrate believes that the respondent’s visitation may be harmful to the child or children's interests,
such visitation shall be denied.

Section 22: Compensation Orders

In addition to other reliefs provided under this Act, the Magistrate may, upon application by the aggrieved
person, issue an order directing the respondent to pay compensation and damages for injuries caused by acts
of domestic violence. This includes compensation for mental torture and emotional distress.

Section 23: Power to Grant Interim and Ex Parte Orders

The Magistrate may pass any interim order that he deems just and proper during proceedings under this Act.
If the Magistrate is satisfied that the application prima facie shows that the respondent is committing or has
committed an act of domestic violence, or that there is a likelihood of future domestic violence, he may
grant an ex parte order based on an affidavit of the aggrieved person. This applies to sections 18, 19, 20, 21,
or 22 as relevant.

Section 24: Court to Give Copies of Order Free of Cost

In all cases where the Magistrate has passed any order under this Act, he shall order that a copy of the order
be provided free of cost to:
 The parties to the application.
 The police officer in charge of the police station within the jurisdiction.
 Any service provider located within the local limits of the court's jurisdiction.
 Any service provider that has registered a domestic incident report related to the case.

Section 29: Appeal

An appeal against an order made by the Magistrate may be filed in the Court of Session within thirty days
from the date on which the order is served on either the aggrieved person or the respondent, whichever date
is later.

Section 31: Penalty for Breach of Protection Order by Respondent

A breach of a protection order, or of an interim protection order, by the respondent shall constitute an
offense under this Act. This offense is punishable by:
 Imprisonment for a term which may extend to one year;
  A fine which may extend to twenty thousand rupees;
 Or both.
The offense under sub-section (1) shall be tried, as far as practicable, by the same Magistrate who passed the
order that is alleged to have been breached by the accused.
While framing charges under sub-section (1), the Magistrate may also frame charges under Section 498A of
the Indian Penal Code or any other relevant provision of that Code or the Dowry Prohibition Act, 1961, if
the facts disclose the commission of an offense under those provisions.

Section 33: Penalty for Not Discharging Duty by Protection Officer

If a Protection Officer fails or refuses to fulfill his duties as directed by the Magistrate in the protection
order, without sufficient cause, he shall be subject to punishment, which may include:
 Imprisonment for a term which may extend to one year;
 A fine which may extend to twenty thousand rupees;
 Or both.
Meenavati vs. Senthamarai Selvi(2008)
The proviso to Section 19 of the Domestic Violence Act explicitly specifies that no order under Section 19
(1) (b) of the Act can be issued against a woman. It was held in this matter that women members of the
family cannot be commanded to be removed from the shared household under the pretence of granting an
order under Section 19 (1) (b) of the Domestic Violence Act.

Indra Sarma v. V.K. V. Sarma (2013) and D. Veluswamy vs D.Patchaiammal

Section 2(f) of the Act defines ‘domestic relationships.’ The Supreme Court laid down tests to determine
what constituted ‘relationship in the nature of marriage.’ In the matter of Veluswamy, the Court concluded
that live-in partnerships in which a man financially supports a woman for primarily sexual purposes as a
keep or a servant are not deemed domestic relationships under the Act. As a result of the Supreme Court's
judgement, courts must now consider a variety of factors related to the parties' relationship. The Court would
have to deconstruct and scrutinise the origins of their relationship, giving judges broad discretion in deciding
the nature of the relationship and, as a result, allowing subjectivity and personal prejudice to play a large
role in the final decision. While seeking to strike a balance between the rights of women and public policy
considerations, the two judgments unjustly restricted the scope of beneficiaries of the Act. The judges appear
to view women in live-in relationships in an unfavourable light and frown upon them, believing that they
contribute to infidelity, as seen by both verdicts.
Mohd. Zakir vs. Shabana & Ors. (2018)
In this fascinating case, the High Court of Karnataka ruled that a petition filed by the husband or an adult
male under the Domestic Violence Act can be heard. Anand Byrareddy, J. had allowed a criminal petition
submitted by a Muslim man, ruling that he was entitled to utilise the provisions of the Protection of Women
from Domestic Violence Act 2005. (DV Act). The petitioner, a male, filed the case under Section 482 CrPC.
The petitioner, who was aggrieved by his wife's and her family's actions, claimed the DV Act's provisions.
The case brought on behalf of the petitioner did not impress the learned City Civil and Sessions Judge
because, in his opinion, the Act is disproportionately weighted in favour of women and does not foresee any
male member being harmed by domestic violence. The petitioner went to the High Court because he felt he
had been wronged. However, if the term 'Adult Male' is omitted from the provision, it appears that anyone,
regardless of gender, can be the respondent. The judge reversed his decision, and it was determined that only
a woman can file a petition under the Protection of Women from Domestic Violence Act, 2005. After
considering the aforementioned reasons and incidents, it can be concluded that the Protection of Women
from Domestic Violence Act of 2005 entirely eliminates the prospect of a man being the victim of domestic
violence and abuse by his wife. The Act is discriminatory against men since it only protects women,
meaning that men are always the culprits and women are always the victims.

Sadhana vs Hemant (2019)

A divorcee is not entitled to the benefits of the Domestic Violence Act, according to this judgement of
Bombay High Court. Justice Giratkar passed the order in case and held that if at the time of filing of petition,
the wife has already been divorced, there cannot be any domestic relationship. As a result, a divorced wife
cannot be protected under the Domestic Violence Act.

Sandhya Wankhede v. Manoj Bhimrao Wankhede, (2011)

In the case of after getting married in 2005, the Appellant Sandhya lived with R1, R2, and R3 for nearly a
year, which caused problems in her marriage. She filed a police report against her husband under Section
498A of the Indian Penal Code for assaulting her. She also filed an application against all three Respondents,
which the First Class Judicial Magistrate granted, directing R1 to pay the monthly maintenance. All
Respondents were also barred from trying to evict the Complainant from her matrimonial home. Criminal
appeals and applications filed by R1 before the Sessions Judge and the High Court were denied. R2 and R3
applied to the First Class Magistrate, but their request was denied. They filed an appeal, claiming that
women cannot be considered Respondents in DV proceedings. The Court agreed and overturned the order,
enabling Appellant to be evicted from her marriage home, which was solely owned by R2. As a result, it was
not a “shared house.” However, the Court compelled R1 to offer separate lodging or make further payment
for it as an alternative. The Appellant’s appeal in Sessions Court was replied based on the decision that
“females” are not included within ‘Respondents.
The HC similarly took a similar stance, deleting R2 and R3’s names from the proceedings and ordering the
Appellant to quit the matrimonial home. Hence this appeal was made.
However, in the aforementioned instance, the Supreme Court resolved the question by ruling that the
provision to Section 2(q) that doesn’t exclude female relatives of the husband or male partner from the scope
of a complaint that can be submitted under the Domestic Violence Act. As a result, complaints can be filed
not only against the adult male person, but also against the adult male’s female relative.
Ajay Kumar v. Lata @ Sharuti, (2019)
In this case, the Supreme Court ruled that under the Domestic Violence Act, 2005, maintenance to a widow
can also be provided by a brother-in-law. The Supreme Court rejected the Appellant’s allegation that Section
2(q) of the Protection Women from DV Act defines “Respondent” as any adult male individual who is or has
been in a domestic relationship with a partner against whom the remedy is sought. The Supreme Court
drafted a domestic connection between the woman and her brother-in-law, stating that the brother-in-law and
the woman are a joint family.
The SC in Juverie Abdul Majid Patni v Atif Iqbal Mansoor (2014 (10) SCC 736) held that when a domestic
violence once committed, a subsequent degree of divorce will not absolve the respondent from the liability
under the DV Act.
The SC in paragraph 31 of the judgement says, “An act of domestic violence once committed, subsequent
decree of divorce will not absolve the liability of the respondent from the offence committed or to deny the
benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary
relief under Section 20, Child Custody under Section 21, Compensation under Section 22 and interim or ex
parte order under Section 23 of the Domestic Violence Act, 2005”.
In regard to this issue the High Courts of Rajasthan, Telengana, and Punjab hold that a divorced woman can
file a case, even in the absence of a subsisting relationship, by following the judgement of the SC.
However the High Courts of Calcutta, Kerala, Bombay and Gujarat have not followed the Juveria
judgement of the SC while deciding some cases, probably considering the peculiar facts of the cas
In a recent case Satish Chander Ahuja v Sneha Ahuja, the Supreme Court (SC) liberally interpreted the
term shared household an held that an aggrieved woman under DV Act can claim residence in the shared
household even if it belonged to a relative of the husband, if she and her husband lived there with some
permanency.
The SC arrived at this liberal interpretation after overruling the SC’s restrictive interpretation of the shared
household in the S R Batra v Taruna Batra judgement. The S R Batra judgement held that a shared
household must be one which belongs to the husband or of the joint family in which he is a member but not
a house of his relatives.
Every woman in a domestic relationship shall have the right to reside in the shared household, whether or
not she has any right, title or beneficial interest in the household