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The
Protection of Women from Domestic
Violence Act, 20051
(Protection of Women from Domestic Violence Act, 2005)

[Act 43 of 2005 and updated as of 31st May 2024]

[13th September, 2005]

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement

2. Definitions

CHAPTER II

DOMESTIC VIOLENCE

3. Definition of domestic violence

CHAPTER III

POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE

PROVIDERS, ETC.

4. Information to Protection Officer and exclusion of liability of

informant

5. Duties of police officers, service providers and Magistrate

6. Duties of shelter homes

7. Duties of medical facilities

8. Appointment of Protection Officers

9. Duties and functions of Protection Officers

10. Service providers

11. Duties of Government

CHAPTER IV
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PROCEDURE FOR OBTAINING ORDERS OF RELIEFS

12. Application to Magistrate

13. Service of notice

14. Counselling

15. Assistance of welfare expert

16. Proceedings to be held in camera

17. Right to reside in a shared household

18. Protection orders

19. Residence orders

20. Monetary reliefs

21. Custody orders

22. Compensation orders

23. Power to grant interim and ex parte orders

24. Court to give copies of order free of cost

25. Duration and alteration of orders

26. Relief in other suits and legal proceedings

27. Jurisdiction

28. Procedure

29. Appeal

CHAPTER V

MISCELLANEOUS

30. Protection Officers and members of service providers to be

public servants

31. Penalty for breach of protection order by respondent

32. Cognizance and proof

33. Penalty for not discharging duty by Protection Officer

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34. Cognizance of offence committed by Protection Officer

35. Protection of action taken in good faith

36. Act not in derogation of any other law

37. Power of Central Government to make rules

———

Protection of Women from Domestic

Violence Act, 2005
[Act 43 of 2005] [13th
September,
2005]
An Act to provide for more effective protection of the rights of women
guaranteed under the Constitution who are victims of violence of any
kind occurring within the family and for matters connected therewith or
incidental thereto
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of
India as follows:—
Statement of Objects and Reasons.—Domestic violence is
undoubtedly a human right issue and serious deterrent to development.
The Vienna Accord of 1994 and the Beijing Declaration and the Platform
for Action (1995) have acknowledged this. The United Nations
Committee on Convention on Elimination of All Forms of Discrimination
Against Women (CEDAW) in its General Recommendation No. XII
(1989) has recommended that State parties should act to protect
women against violence of any kind especially that occurring within the
family.
2. The phenomenon of domestic violence is widely prevalent but has
remained largely invisible in the public domain. Presently, where a
woman is subjected to cruelty by her husband or his relatives, it is an
offence under Section 498-A of the Indian Penal Code. The civil law
does not however address this phenomenon in its entirety.
3. It is, therefore, proposed to enact a law keeping in view the rights
guaranteed under Articles 14, 15 and 21 of the Constitution to provide
for a remedy under the civil law which is intended to protect the women
from being victims of domestic violence and to prevent the occurrence
of domestic violence in the society.
4. The Bill, inter alia, seeks to provide for the following:—
(i) It covers those women who are or have been in a relationship
with the abuser where both parties have lived together in a
shared household and are related by consanguinity, marriage or
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through a relationship in the nature of marriage or adoption. In

addition, relationships with family members living together as a
joint family are also included. Even those women who are sisters,
widows, mothers, single women, or living with the abuser are
entitled to legal protection under the proposed legislation.
However, whereas the Bill enables the wife or the female living in
a relationship in the nature of marriage to file a complaint under
the proposed enactment against any relative of the husband or
the male partner, it does not enable any female relative of the
husband or the male partner to file a complaint against the wife or
the female partner.
(ii) It defines the expression “domestic violence” to include actual
abuse or threat or abuse that is physical, sexual, verbal,
emotional or economic. Harassment by way of unlawful dowry
demands to the woman or her relatives would also be covered
under this definition.
(iii) It provides for the rights of women to secure housing. It also
provides for the right of a woman to reside in her matrimonial
home or shared household, whether or not she has any title or
rights in such home or household. This right is secured by a
residence order, which is passed by the Magistrate.
(iv) It empowers the Magistrate to pass protection orders in favour of
the aggrieved person to prevent the respondent from aiding or
committing an act of domestic violence or any other specified act,
entering a workplace or any other place frequented by the
aggrieved person, attempting to communicate with her, isolating
any assets used by both the parties and causing violence to the
aggrieved person, her relatives or others who provide her
assistance from the domestic violence.
(v) It provides for appointment of Protection Officers and registration
of non-governmental organisations as service providers for
providing assistance to the aggrieved person with respect to her
medical examination, obtaining legal aid, safe shelter, etc.
5. The Bill seeks to achieve the above objects. The notes on clauses
explain the various provisions contained in the Bill.
► Object.—Interpretation of the Act should be in a manner to effectuate its
object and purpose, Vaishali Abhimanyu Joshi v. Nanasaheb Gopal Joshi, (2017)
14 SCC 373 : (2017) 4 SCC (Cri) 879.
► Legislative history and object.—DV Act is enacted to provide remedy in
civil law for protection of women from being victims of domestic violence and to
prevent occurrence of domestic violence in society. Other legislations like CrPC,
IPC, etc., where reliefs have been provided to women who are placed in
vulnerable situations, also discussed, Indra Sarma v. V.K.V. Sarma, (2013) 15
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SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
Chapter I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be
called the Protection of Women from Domestic Violence Act,
2005.
(2) It extends to the whole of India 2[* * *].
3
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
► Object and purpose.—Purpose of Protection of Women from Domestic
Violence Act, 2005 is to protect and curb widely prevalent offences of domestic
violence but women are still at the receiving end not because of inadequate laws
but prima facie, due to lack of its implementation in proper spirit, Maran Nama v.
State of Tripura, 2010 SCC OnLine Gau 202.
Object of the Act is to grant statutory protection to victims of violence in
domestic sector who had no proprietary rights. The Act provides for security and
protection of a wife irrespective of her proprietary rights in her residence. It aims
at protecting the wife against violence and at prevention of recurrence of acts of
violence, Ishpal Singh Kahai v. Ramanjeet Kahai, 2011 SCC OnLine Bom 412.
This Act was enacted with a view to implement Recommendation No. XII,
United Nations Committee on Convention on Elimination of All Forms of
Discrimination Against Women (CEDAW), 1989 and ratified by India in June,
1993. Interpretation of said enactment should be in conformity with international
convention and international instruments and norms, Vandhana v. T. Srikanth,
2007 SCC OnLine Mad 553.
2. Definitions.—In this Act, unless the context otherwise requires,—
(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;
► Maintainability of petition.—A petition under the provisions of the Act is
maintainable by a woman who has stopped living with the respondent, or by a
woman who alleges to have been subjected to any act of domestic violence prior
to coming into force of the Act on 26-10-2006. Section 2(a) defines an aggrieved
person as “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”. If the legislative intent was to keep a person not living
with the respondent at the time of coming into force of the Act out of the purview
of the Act, there was no necessity for using the words “or has been” in Section 2
(a), Savita Bhanot v. Lt. Col. V.D. Bhanot, 2010 SCC OnLine Del 1278.
Any woman who is or has been in a domestic relationship is entitled to make a
complaint invoking provisions of the Act. It is not necessary that petitioner and
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respondent should live or have lived together for a particular period of time.
Hence, application by lady, for maintenance, from man with whom she shared a
close relationship is maintainable, M. Palani v. Meenakshi, 2008 SCC OnLine
Mad 150.
► Aggrieved person.—Judicial separation does not change the status of wife
as an “aggrieved person” under Section 2(a) r/w Section 12 and does not end the
“domestic relationship” under Section 2(f). Judicial separation is mere suspension
of husband-wife relationship and not a complete severance of relationship as
happens in divorce, Krishna Bhattacharjee v. Sarathi Choudhury, (2016) 2 SCC
705 : (2016) 1 SCC (Cri) 810 : (2016) 2 SCC (Civ) 223.
► Remedies under 2005 Act.—Categories of persons against whom
remedies under 2005 Act are available include women and non-adults, expression
“respondent” in Section 2(q) or persons who can be treated as perpetrators of
violence against women/against whom remedies under 2005 Act are actionable,
held, cannot be restricted to expression “adult male person” in Section 2(q). Thus,
held, remedies under 2005 Act available even against a female member and also
against non-adults. Restricting perpetrators of violence against women/acts
actionable under 2005 Act to only “adult male person” fails the test of reasonable
classification. Firstly because, restriction of “respondent” in Section 2(q) to “adult
male person” obstructs and defeats the purpose of the legislation, that is,
protection of women from any kind of violence/abuse whether physical, sexual,
verbal, emotional or economic. Secondly, the innovative protective provisions and
remedies for protection of women against perpetrators under 2005 Act in Sections
3, 17(2), 18(6), 19 and 20 become toothless and ineffective by said restriction.
Thirdly, restriction of “adult male person” in Section 2(q) of 2005 Act, is
anomalous with definition of “domestic relationship” in Section 2(f) of 2005 Act
and “shared household” in Section 2(s) of 2005 Act, especially when viewed in
light of amendment to Section 6, Hindu Succession Act, 1956 (w.e.f. 9-9-2005).
Fourthly, restricting meaning of “respondent” in Section 2(q) of 2005 Act to only
“adult male person” is not based on any intelligible differentia having rational nexus
with object sought to be achieved. Fifthly, Protection of Women from Domestic
Violence Bill, 2002 did have the words “adult male” in the meaning of “respondent”
in Section 2(q) but surprisingly, the 2005 Act did so - Sixthly, the words “adult
male” are also absent in the meaning of “respondent” in Section 2(m), Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 which is in pari materia with Protection of Women from Domestic Violence
Act, 2005, Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC
165.
(b) “child” means any person below the age of eighteen years and
includes any adopted, step or foster child;
(c) “compensation order” means an order granted in terms of
Section 22;
(d) “custody order” means an order granted in terms of Section
21;
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(e) “domestic incident report” means a report made in the

prescribed form on receipt of a complaint of domestic violence
from an aggrieved person;
(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;
► Relationship in the nature of marriage.—“Relationship in the nature of
marriage”, is akin to a common law marriage which inter alia requires that the
parties must have voluntarily cohabited and held themselves out to the world as
being akin to spouses for a significant period of time. The parties should also have
a “shared household” as defined in Section 2(s). Merely spending weekends or
one night together does not constitute “domestic relationship” under Section 2(f).
Further held, not all live-in relationships form a relationship “in the nature of
marriage” because several parameters have to be satisfied in order to constitute
relationship in the nature of marriage. Lastly, held, relationship with “keep” whom
a man uses for sexual purposes and/or as a servant, does not constitute
relationship in the nature of marriage, D. Velusamy v. D. Patchaiammal, (2010)
10 SCC 469.
Guidelines laid down by Supreme Court for testing under what circumstances
live-in relationship would fall within expression “relationship in the nature of
marriage ”under Section 2(f), not exhaustive, Indra Sarma v. V.K.V. Sarma,
(2013) 15 SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
For determination as to whether particular relationship falls in category
relationship in the nature of marriage court should have commonsense/balanced
approach - Close analysis of entire relationship is required. Various factors which
exist in particular relationship have to be weighed. Individual factors cannot be
isolated. Invariably, it may be a question of fact and degree as to whether a
relationship meets the tests judicially evolved to fall within “relationship in the
nature of marriage ”under Section 2(f), Indra Sarma v. V.K.V. Sarma, (2013) 15
SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
Burden of proof is on party asserting the existence of such relationship. Party
must positively prove existence of identifying characteristics of that relationship,
since legislature has used the expression “in the nature of”, Indra Sarma v. V.K.V.
Sarma, (2013) 15 SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
Polygamy, that is, a relationship or practice of having more than one wife or
husband at the same time, or a relationship by way of a bigamous marriage that is
marrying someone while already married to another and/or maintaining an
adulterous relationship that is having voluntary sexual intercourse between a
married person who is not one's husband or wife, cannot be said to be a
relationship in the nature of marriage, Indra Sarma v. V.K.V. Sarma, (2013) 15
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SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
Expression “relationship in the nature of marriage”, has not been defined in the
DV Act. It means a relationship which has some inherent or essential
characteristics of a marriage though not a marriage which is legally recognised.
Expression “relationship in the nature of marriage ”cannot be construed in
abstract. It is to be taken in the context in which it appears and to be applied
bearing in mind purpose and object of DV Act as well as meaning of expression
“in the nature of marriage”, Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755 :
(2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
All live-in relationships are not relationships in the nature of marriage.
Relationship to qualify as “relationship in the nature of marriage ”should have
some inherent or essential characteristics of a marriage though not a marriage
legally recognised. After noticing relevant provisions under foreign statutes,
guidelines laid down by Supreme Court for testing under what circumstances live-
in relationship would fall within expression “relationship in the nature of marriage
”under Section 2(f), Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755 : (2014) 6
SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
► Domestic relationship.—Definition of “domestic relationship ”under is
exhaustive when a definition clause is defined to “mean ”such and such, the
definition is prima facie restrictive and exhaustive, Indra Sarma v. V.K.V. Sarma,
(2013) 15 SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
(g) “domestic violence” has the same meaning as assigned to it in
Section 3;
(h) “dowry” shall have the same meaning as assigned to it in
Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961);
(i) “Magistrate” means the Judicial Magistrate of the first class, or
as the case may be, the Metropolitan Magistrate, exercising
jurisdiction under the Code of Criminal Procedure, 1973 (2 of
1974) in the area where the aggrieved person resides
temporaily or otherwise or the respondent resides or the
domestic violence is alleged to have taken place;
(j) “medical facility” means such facility as may be notified by the
State Government to be a medical facility for the purposes of
this Act;
(k) “monetary relief” means the compensation which the
Magistrate may order the respondent to pay to the aggrieved
person, at any stage during the hearing of an application
seeking any relief under this Act, to meet the expenses
incurred and the losses suffered by the aggrieved person as a
result of the domestic violence;
(l) “notification” means a notification published in the Official
Gazette and the expression “notified” shall be construed
accordingly;
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(m) “prescribed” means prescribed by rules made under this Act;

(n) “Protection Officer” means an officer appointed by the State
Government under sub-section (1) of Section 8;
(o) “protection order” means an order made in terms of Section
18;
(p) “residence order” means an order granted in terms of sub-
section (1) of Section 19;
(q) “respondent” means any 4[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:
5
[Provided that an aggrieved wife or female living in a
relationship in the nature of a marriage may also file a
complaint against the relative of the husband or the male
partner];
► “Relative” of husband or the male partner.—“Relative” of husband or the
male partner include females. Legislature never intended to exclude female
relatives from ambit of complaint that could be made under 2005 Act. Though
expression “female” is not used in provision to Section 2(q), but no restrictive
meaning can be given to expression “relative” nor has said expression been
defined to make it specific to males only, Sandhya Manoj Wankhade v. Manoj
Bhimrao Wankhade, (2011) 3 SCC 650.
(r) “service provider” means an entity registered under sub-
section (1) of Section 10;
(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 household 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;
► “Shared household”.—House which exclusively belonged to mother-in-law
of the woman wherein she only lived with her husband for some time in the past
after their marriage is not a “shared household” within the meaning of Section 2
(s), hence she is not entitled to claim her right to live therein under Section 17. In
order to claim such a right, the property should belong to her husband or it should
have been taken on rent by her husband or it should have been a joint family
property in which her husband was a member, S.R. Batra v. Taruna Batra, (2007)
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3 SCC 169 : (2007) 2 SCC (Cri) 56.

A woman to claim protection of right in “shared household” has to establish (a)
that the relationship with opposite party is “domestic relationship”, and (b) that the
house in respect of which she seeks to enforce the right is “shared household”. In
Indian society there are many situations in which a woman may not enter into her
matrimonial home immediately after marriage. A woman might not live at the time
of institution of proceedings or might have lived together with the husband even for
a single day in “shared household” should not be left remediless in spite of valid
marriage. Narrow interpretation to “domestic relationship” and “shared household”
would leave many a woman in distress without remedy. Hence correct
interpretation of aforesaid definition including right to live in “shared household”
would be that words “live” or “have at any point of time lived” would include within
its purview “the right to live”. Not necessary for a woman to establish her physical
act of living in “shared household” either at the time of institution of proceedings or
as a thing of past. A woman having relationship which has legal sanction gets right
to live in “shared household” and would be entitled for protection under Section 17
even if she did not live in “shared household” at the time of institution of
proceedings or had never lived in the “shared household” at any point of time in
the past, Vandhana v. T. Srikanth, 2007 SCC OnLine Mad 553.
Right to live in shared household springs out of valid and subsisting marriage
on relevant date and such relationship of marriage automatically confers right
upon the wife to live in “shared household” as equal partner in joint venture of
running family, Vandhana v. T. Srikanth, 2007 SCC OnLine Mad 553.
Flat inherited by the petitioner husband and his mother with other legal heirs
can be treated as the shared household where the respondent wife lived in a
domestic relationship with the petitioner, Rajkumar Rampal Pandey v. Sarita
Rajkumar Pandey, 2008 SCC OnLine Bom 801.
►Definition of “shared household” in Section 2(s).—An aggrieved
woman's right to residence in a “shared household” is irrespective of her having
any legal interest in the same. A shared household under Section 2(s) need not
be owned singly by the husband. It may or may not be jointly owned or taken on
rent by the husband. The intention of the parties and the nature of living, including
the nature of the household, must be considered, to determine as to whether the
parties intended to treat the premises as a “shared household” or not. The “shared
household” is the household which is the dwelling place of the aggrieved person in
present time. It does not mean all the houses where the aggrieved person has
lived in a domestic relationship along with the relatives of the husband. There will
be a number of shared households, which was never contemplated by the
legislative scheme. Mere fleeting or casual living at different places would not
make it a shared household. The right to residence under Section 19 is, not an
indefeasible right, especially when a daughter-in-law is claiming a right against
aged parents-in-law. While granting relief under Section 12 of the DV Act, or in
any civil proceeding, the court has to balance the rights between the aggrieved
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woman and the parents-in-law. Right of residence is in addition to maintenance

under Section 125 CrPC, Rajnesh v. Neha, (2021) 2 SCC 324.
►Meaning and extent of expression “at any stage has lived”.—
Expression “at any stage has lived” refers to living of aggrieved person in a
household at the time of filing of application under S. 12 or passing of order under
S. 19 or her living in recent past prior to her exclusion from possession or on her
remaining temporarily absent. Expression does not contemplate that wherever
aggrieved person lived with relatives of husband, all such houses shall become
shared household. Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414.
(t) “shelter home” means any shelter home as may be notified by
the State Government to be a shelter home for the purposes of
this Act.
Chapter II
DOMESTIC VIOLENCE
3. Definition of domestic violence.—For the purposes of this Act, 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 causing physical abuse,
sexual abuse, verbal and emotional abuse and economic abuse;
or
(b) harasses, harms, injures or endangers the aggrieved person
with a view to coerce her or any other person related to her to
meet any unlawful demand for any dowry or other property or
valuable security; or
(c) has the effect of threatening the aggrieved person or any
person related to her by any conduct mentioned in clause (a)
or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental,
to the aggrieved person.
► Adult male.—Application for obtaining any relief under the Act can be filed
or proceeding can be initiated against only adult male person, Ajay Kant Sharma
v. Alka Sharma, 2007 SCC OnLine MP 236.
Explanation I.—For the purposes of this section,—
(i) “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;
(ii) “sexual abuse” includes any conduct of a sexual nature that
abuses, humiliates, degrades or otherwise violates the dignity
of woman;
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(iii) “verbal and emotional abuse” includes—

(a) insults, ridicule, humiliation, name calling and insults or
ridicule specially with regard to not having a child or a male
child; and
(b) repeated threats to cause physical pain to any person in
whom the aggrieved person is interested.
(iv) “economic abuse” includes—
(a) 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, household 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 household
and maintenance;
(b) 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; and
(c) 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.
► Assault on woman.—View that one or two beatings not sufficient in
ordinary course for a woman to commit suicide is not acceptable. Assault on
woman cannot be accepted as social norm. What impact an assault will have on a
woman would depend upon circumstances of each case and court cannot
proceed with any fixed rule. Court should be sensitive to women's problems,
Vajresh Venkatray Anvekar v. State of Karnataka, (2013) 3 SCC 462.
► “Domestic violence”.—When a woman after 31 years of marriage, having
no children, compelled to live alone at advanced age of 63 years without any
means of sustenance situation falls within definition of “domestic violence” V.D.
Bhanot v. Savita Bhanot, (2012) 3 SCC 183 : (2012) 2 SCC (Cri) 102.
► “Domestic violence” under 2005 Act and aspects of “cruelty” defined
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under Section 498-A Explns. (a) & (b) IPC.—Definition of “domestic violence” in
2005 Act contemplates harm or injuries that endanger the health, safety, life, limb
or well-being, whether mental or physical, as well as emotional abuse. Said
definition certainly has a close connection with Section 498-A Explns. (a) & (b)
IPC which define cruelty, Rupali Devi v. State of U.P., (2019) 5 SCC 384.
► Domestic relationship.—Relationship between same sex partners (gay
and lesbian), held, not covered under Section 2(f), Indra Sarma v. V.K.V. Sarma,
(2013) 15 SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC (Civ) 440.
(i) relationship between unmarried adult woman and unmarried adult male who
lived or, at any point of time lived together in a shared household, will fall under
Section 2(f); (ii) unmarried woman unknowingly entering into relationship with
married adult male, such a relationship, may be a relationship in the “nature of
marriage”, and may, in a given situation, fall within Section 2(f), Indra Sarma v.
V.K.V. Sarma, (2013) 15 SCC 755 : (2014) 6 SCC (Cri) 593 : (2014) 5 SCC
(Civ) 440.
► Economic abuse.—“Economic abuse” includes prohibition or restriction to
continued access to resources or facilities which the aggrieved person is entitled
to use or enjoy by virtue of domestic relationship including access to shared
household, Saraswathy v. Babu, (2014) 3 SCC 712 : (2014) 4 SCC (Cri) 688 :
(2014) 2 SCC (Civ) 330.
► Aggrieved persons entitled to protection.—Act or omission defining
domestic violence is broad enough to include all “aggrieved persons” including a
not legally wedded wife and, those not entitled to maintenance under Section 125
CrPC, Lalita Toppo v. State of Jharkhand, (2019) 13 SCC 796.
Chapter III
POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE
PROVIDERS, ETC.
4. Information to Protection Officer and exclusion of liability of
informant.—(1) Any person who has reason to believe that an act of
domestic violence has been, or is being, or is likely to be committed,
may give information about it to the concerned Protection Officer.
(2) No liability, civil or criminal, shall be incurred by any person for
giving in good faith of information for the purpose of sub-section (1).
5. Duties of police officers, service providers and Magistrate.—A
police officer, Protection Officer, service provider or Magistrate who has
received a complaint of domestic violence or is otherwise present at the
place of an incident of domestic violence or when the incident of
domestic violence is reported to him, shall inform the aggrieved
person—
(a) of her right to make an application for obtaining a relief by
way of a protection order, an order for monetary relief, a
custody order, a residence order, a compensation order or more
than one such order under this Act;
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(b) of the availability of services of service providers;

(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services
Authorities Act, 1987 (39 of 1987);
(e) of her right to file a complaint under Section 498-A of the
Indian Penal Code (45 of 1860), wherever relevant:
Provided that nothing in this Act shall be construed in any manner as
to relieve a police officer from his duty to proceed in accordance with
law upon receipt of information as to the commission of a cognizable
offence.
► Report from Protection Officer.—When a Magistrate passes an order, he
shall receive the report from Protection Officer. Such report is not contemplated
when the order is passed by a Civil Court or Family Court, M. Palani v.
Meenakshi, 2008 SCC OnLine Mad 150.
► Duty of police officer.—Police has to look upon complaint made by any
woman alleging offence under Act of 2005 seriously. Police cannot submit a
report that no case is made out without proper verification, investigation, enquiry
not only from members of family but also from neighbours, friends and others,
Santosh Bakshi v. State of Punjab, (2014) 13 SCC 25 : (2014) 5 SCC (Cri) 517.
6. Duties of shelter homes.—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.
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.
8. Appointment of Protection Officers.—(1) The State Government
shall, by notification, appoint such number of Protection Officers in each
district as it may consider necessary and shall also notify the area or
areas within which a Protection Officer shall exercise the powers and
perform the duties conferred on him by or under this Act.
(2) The Protection Officers shall as far as possible be women and
shall possess such qualifications and experience as may be prescribed.
(3) The terms and conditions of service of the Protection Officer and
the other officers subordinate to him shall be such as may be
prescribed.
9. Duties and functions of Protection Officers.—(1) It shall be the
duty of the Protection Officer—
(a) to assist the Magistrate in the discharge of his functions under
this Act;
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(b) to make a domestic incident report to the Magistrate, in such

form and in such manner as may be prescribed, upon receipt of
a complaint of domestic violence and forward copies thereof to
the police officer in charge of the police station within the local
limits of whose jurisdiction domestic violence is alleged to have
been committed and to the service providers in that area;
(c) to make an application in such form and in such manner as
may be prescribed to the Magistrate, if the aggrieved person so
desires, claiming relief for issuance of a protection order;
(d) to ensure that the aggrieved person is provided legal aid
under the Legal Services Authorities Act, 1987 (39 of 1987)
and make available free of cost the prescribed form in which a
complaint is to be made;
(e) to maintain a list of all service providers providing legal aid or
counselling, shelter homes and medical facilities in a local area
within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the aggrieved person
so requires and forward a copy of his report of having lodged
the aggrieved person in a shelter home to the police station
and the Magistrate having jurisdiction in the area where the
shelter home is situated;
(g) to get the aggrieved person medically examined, if she has
sustained bodily injuries and forward a copy of the medical
report to the police station and the Magistrate having
jurisdiction in the area where the domestic violence is alleged
to have been taken place;
(h) to ensure that the order for monetary relief under Section 20
is complied with and executed, in accordance with the
procedure prescribed under the Code of Criminal Procedure,
1973 (2 of 1974);
(i) to perform such other duties as may be prescribed.
(2) The Protection Officer shall be under the control and supervision
of the Magistrate, and shall perform the duties imposed on him by the
Magistrate and the Government by, or under, this Act.
► Domestic incident report.—A domestic incident report is required to be
prepared by a protection officer under Section 9(1)(b) of the Protection of
Women from Domestic Violence Act, 2005. This is contemplated in case of
physical violence when complaint in that behalf is made or filed. The protection
officer, in such a case, functions under Section 9(1)(a) of the 2005 Act. Such a
report cannot be made in case of any application alleging domestic violence which
may be other than physical violence e.g. verbal or emotional abuse. An application
made under Sections 18 and 19 of the 2005 Act may have to be considered
based upon the facts of each case and not necessarily with the aid and
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assistance of any protection officer or service provider. It may be required to be

considered only upon the application made to the court by the aggrieved person
herself. In such a case no domestic incident report may be filed or may be
necessitated. Sabah Sami Khan v. Adnan Sami Khan, 2010 SCC OnLine Bom
1629.
10. Service providers.—(1) Subject to such rules as may be made in
this behalf, any voluntary association registered under the Societies
Registration Act, 1860 (21 of 1860) or a company registered under the
Companies Act, 1956 (1 of 1956) or any other law for the time being in
force with the objective of protecting the rights and interests of women
by any lawful means including providing of legal aid, medical, financial
or other assistance shall register itself with the State Government as a
service provider for the purposes of this Act.
(2) A service provider registered under sub-section (1) shall have
the power to—
(a) record the domestic incident report in the prescribed form if
the aggrieved person so desires and forward a copy thereof to
the Magistrate and the Protection Officer having jurisdiction in
the area where the domestic violence took place;
(b) get the aggrieved person medically examined and forward a
copy of the medical report to the Protection Officer and the
police station within the local limits of which the domestic
violence took place;
(c) ensure that the aggrieved person is provided shelter in a
shelter home, if she so requires and forward a report of the
lodging of the aggrieved person in the shelter home to the
police station within the local limits of which the domestic
violence took place.
(3) No suit, prosecution or other legal proceeding shall lie against
any service provider or any member of the service provider who is, or
who is deemed to be, acting or purporting to act under this Act, for
anything which is in good faith done or intended to be done in the
exercise of powers or discharge of functions under this Act towards the
prevention of the commission of domestic violence.
11. Duties of Government.—The Central Government and every State
Government, shall take all measures to ensure that—
(a) the provisions of this Act are given wide publicity through
public media including the television, radio and the print media
at regular intervals;
(b) the Central Government and State Government officers
including the police officers and the members of the judicial
services are given periodic sensitization and awareness training
on the issues addressed by this Act;
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(c) effective co-ordination between the services provided by

concerned Ministries and Departments dealing with law, home
affairs including law and order, health and human resources to
address issues of domestic violence is established and
periodical review of the same is conducted;
(d) protocols for the various Ministries concerned with the delivery
of services to women under this Act including the courts are
prepared and put in place.
Chapter IV
PROCEDURE FOR OBTAINING ORDERS OF RELIEFS
► Scope.—Chapter IV is the heart and soul of the Act which provides for
various reliefs that can be granted by Magistrate to an aggrieved woman. These
reliefs as available to aggrieved woman under Sections 12(2), 18 to 22,
discussed, Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755 : (2014) 6 SCC
(Cri) 593 : (2014) 5 SCC (Civ) 440.
12. Application to Magistrate.—(1) An aggrieved person or a
Protection Officer or any other person on behalf of the aggrieved person
may present an application to the Magistrate seeking one or more
reliefs under this Act:
Provided that before passing any order on such application, the
Magistrate shall take into consideration any domestic incident report
received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub-section (1) may include a relief
for issuance of an order for payment of compensation or damages
without prejudice to the right of such person to institute a suit for
compensation or damages for the injuries caused by the acts of
domestic violence committed by the respondent:
Provided that where a decree for any amount as compensation or
damages has been passed by any court in favour of the aggrieved
person, the amount, if any, paid or payable in pursuance of the order
made by the Magistrate under this Act shall be set off against the
amount payable under such decree and the decree shall,
notwithstanding anything contained in the Code of Civil Procedure,
1908 (5 of 1908), or any other law for the time being in force, be
executable for the balance amount, if any, left after such set off.
(3) Every application under sub-section (1) shall be in such form and
contain such particulars as may be prescribed or as nearly as possible
thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not
ordinarily be beyond three days from the date of receipt of the
application by the court.
(5) The Magistrate shall endeavour to dispose of every application
made under sub-section (1) within a period of sixty days from the date
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of its first hearing.

► Maintabilities of application.—Application under Section 12 by a woman,
who had shared a household in past but was no longer residing with her husband
or who was subjected to any act of domestic violence prior to coming into force of
the Act, is maintainable, V.D. Bhanot v. Savita Bhanot, (2012) 3 SCC 183 :
(2012) 2 SCC (Cri) 102.
Section 12 application under 2005 Act to Magistrate challenging decree of
divorce by mutual consent is not maintainable in the interest of justice and would
amount to abuse of process of court. It is not understandable how a subordinate
criminal court sat in appeal against judgment and order of superior civil court,
having a different territorial jurisdiction. Even if a decree is void ab inito,
declaration to that effect has to be obtained by person aggrieved from competent
court. More so, such a declaration cannot be obtained in collateral proceedings.
Evidence adduced by wife to plead that marriage still subsisted cannot be taken
into consideration so long as judgment and decree of civil court subsists, Inderjit
Singh Grewal v. State of Punjab, (2011) 12 SCC 588 : (2012) 2 SCC (Cri) 614 :
(2012) 2 SCC (Civ) 742.
► Misrepresentation or fraud.—As the wife obtained decree of divorce
under Section 13-B, 1955 Act by fraud and challenging same and seeking other
reliefs like : (a) custody of minor son; (b) right of residence; and (c) restoration of
dowry articles, she disentitled herself from any equitable relief where a person
gets an order/office by making misrepresentation or playing fraud on competent
authority, such order cannot be sustained in the eye of the law as fraud unravels
everything, Inderjit Singh Grewal v. State of Punjab, (2011) 12 SCC 588 : (2012)
2 SCC (Cri) 614 : (2012) 2 SCC (Civ) 742.
► Limitation.—Limitation under Section 468 CrPC, prima facie, is applicable
to complaint under Section 12, 2005 Act, Inderjit Singh Grewal v. State of Punjab,
(2011) 12 SCC 588 : (2012) 2 SCC (Cri) 614 : (2012) 2 SCC (Civ) 742.
► Option under the section.—Though Section 11 of the Hindu Marriage Act
gives an option to either of the parties to avoid marriage to seek a declaration of
invalidity/nullity of such marriage, the exercise of such option cannot be
understood to be voluntary in all situations. Situations may arise when recourse to
a court for a declaration regarding the nullity of a marriage claimed by one of the
spouses to be a void marriage, will have to be insisted upon in departure to the
normal rule, Deoki Panjhiyara v. Shashi Bhushan Narayan Azad, (2013) 2 SCC
137.
► Report of the protection officer.—It is not mandatory for the court
entertaining application under Section 12 of the Act to call for the report of the
protection officer as regards the domestic violence. If such report is not called for
and not considered, the proceedings would not be an abuse of process of law,
Manoj Harikisanji Changani v. Prema Shrinivas Changani, 2012 SCC OnLine
Bom 38.
► Muslim woman.—If application for maintenance by Muslim woman under
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Section 12 of the Protection of Women from Domestic Violence Act is rejected

then filing of appeal is the appropriate remedy provided by the Act, Shadab Bano
v. State, 2009 SCC OnLine Cal 638.
► Intention of the legislature.—If the intention of the legislature is that even
if an application is filed before the civil court or Family Court or a criminal court
by the aggrieved person, an order shall be passed by them taking into
consideration any domestic incident report received from the protection officer or
the service provider, then the legislature would have incorporated such proviso as
in the case of Section 12(1), even in Section 26 also. But however, no such
proviso is enumerated under Section 26 of the said Act. Section 12 contemplates
the Magistrate to obtain a report from the protection officer before passing any
order. But Section 26 confers jurisdiction on the Family Court and civil court to
grant relief does not place any such embargo on the Family Court to obtain a
report from the protection officer, M. Palani v. Meenakshi, 2008 SCC OnLine
Mad 150.
► Opportunity of leading evidence.—Application under Section 12 of the
Protection of Women from Domestic Violence Act, 2005 cannot be disposed of
without opportunity of leading evidence, Madhusudan Bhardwaj v. Mamta
Bhardwaj, 2009 SCC OnLine MP 228.
When Miscellaneous Petition filed under Section 12 is not for any offence but
only for certain reliefs such as maintenance, compensation, return of jewellery,
etc. and when there is no offence requiring framing of charge, question of
discharge does not arise at all Section 28(2) contemplates that court dealing with
petition under Section 12 can evolve its own procedure to regulate and pass final
orders and not that court can discharge a person invoking said provision, V.
Palaniammal v. Thenmozhi, 2010 SCC OnLine Mad 349.
► Procedure for disposal of application.—Court can lay down its own
procedure for disposal of an application under Section 12, Ajay Kant Sharma v.
Alka Sharma, 2007 SCC OnLine MP 236.
► Report of protection officer.—It is not necessary for the Magistrate to call
and consider report of protection officer in application under Section 12, Ajay
Kant Sharma v. Alka Sharma, 2007 SCC OnLine MP 236.
► Aggrieved person.—“Aggrieved person” includes divorced wife.
Application under Section 12 seeking relief under Sections 18 to 23 filed by
appellant Muslim wife against husband after obtaining divorce, maintainable. If
domestic violence had taken place when wife lived together in shared household
with her husband through relationship in nature of marriage, held, application
would be maintainable. Act of domestic violence once committed, subsequent
decree of divorce, would not absolve husband from his liability for offence (though
in present case, the alleged divorce not really found to have taken place), Juveria
Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.
► Maintainability of complaint.—Unsuccessful divorce proceedings cannot
adversely affect maintainability of application under 2005 Act since marital
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relationship continued and in view of second marriage by husband cruelty to wife

stood established. Such act constituted mental domestic violence entitling wife to
seek maintenance, Prakash Nagardas Dubal-Shaha v. Meena Prakash Dubal
Shah, (2016) 13 SCC 277.
► Maintainability of application.—Application filed by the minor daughter
under Section 12 of Domestic Violence Act cannot be dismissed on the grounds
of maintainability especially when she had attained majority before the date of final
order, Srikant Ray v. State of W.B., 2022 SCC OnLine Cal 3400.
► Retrospectivity.—Retrospective applicability to pre-2005 actions, Shalini v.
Kishor, (2015) 11 SCC 718 : (2015) 4 SCC (Cri) 532.
► “Economic abuse”.—Income of retention of stridhan by husband or his
family. Regard being had to concept of “continuing offence” and demands made
by wife, application made by appellant wife under Section 12, 2005 Act after
about 2 yrs of judicial separation, not barred by limitation, Krishna Bhattacharjee
v. Sarathi Choudhury, (2016) 2 SCC 705 : (2016) 1 SCC (Cri) 810 : (2016) 2
SCC (Civ) 223.
► Limitation.—Limitation under Sections 468 and 472 CrPC, held, applicable
to complaint under Section 12 of DV Act, 2005, Krishna Bhattacharjee v. Sarathi
Choudhury, (2016) 2 SCC 705 : (2016) 1 SCC (Cri) 810 : (2016) 2 SCC (Civ)
223.
► Recovery of stridhan.—Appellant wife claiming stridhan 2 yrs after decree
of judicial separation, held, maintainable. Firstly, judicial separation does not
change the status of wife as an “aggrieved person” under Section 2(a) r/w Section
12 and does not end the “domestic relationship” under Section 2(f). Judicial
separation is mere suspension of husband-wife relationship and not a complete
severance of relationship as happens in divorce. And as long as status of
“aggrieved person” remains, and stridhan remains in custody of husband, wife
can always put forth her claim to stridhan under Section 12. Secondly, regard
being had to concept of “continuing offence” and demands made by wife,
application made by appellant wife under Section 12, 2005 Act after about 2 yrs of
judicial separation not barred by limitation, Krishna Bhattacharjee v. Sarathi
Choudhury, (2016) 2 SCC 705 : (2016) 1 SCC (Cri) 810 : (2016) 2 SCC (Civ)
223.
► Duty of courts.—2005 Act is a beneficial and assertive legislation for more
effective protection of constitutional rights of women and to ensure that they do not
become victims of any kind of domestic violence. Ambit of definition of “domestic
violence” takes within its sweep “economic abuse” under Section 3. Economic
abuse has many facets. Before nullifying grievance of aggrieved person on
ground of maintainability, court should find out whether allegations and demands
are really and legally sound and correct. Court should scrutinise facts from all
angles on merits and discuss and deliberate on issues raised. Courts should adopt
a sensitive approach towards the rights of women under 2005 Act, Krishna
Bhattacharjee v. Sarathi Choudhury, (2016) 2 SCC 705 : (2016) 1 SCC (Cri)
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810 : (2016) 2 SCC (Civ) 223.

13. Service of notice.—(1) A notice of the date of hearing fixed under
Section 12 shall be given by the Magistrate to the Protection Officer,
who shall get it served by such means as may be prescribed on the
respondent, and on any other person, as directed by the Magistrate
within a maximum period of two days or such further reasonable time
as may be allowed by the Magistrate from the date of its receipt.
(2) A declaration of service of notice made by the Protection Officer
in such form as may be prescribed shall be the proof that such notice
was served upon the respondent and on any other person as directed
by the Magistrate unless the contrary is proved.
14. Counselling.—(1) The Magistrate may, at any stage of the
proceedings under this Act, direct the respondent or the aggrieved
person, either singly or jointly, to undergo counselling with any
member of a service provider who possess such qualifications and
experience in counselling as may be prescribed.
(2) Where the Magistrate has issued any direction under sub-section
(1), he shall fix the next date of hearing of the case within a period not
exceeding two months.
15. Assistance of welfare expert.—In any proceeding under this Act,
the Magistrate may secure the services of such person, preferably a
woman, whether related to the aggrieved person or not, including a
person engaged in promoting family welfare as he thinks fit, for the
purpose of assisting him in discharging his functions.
16. Proceedings to be held in camera.—If the Magistrate considers
that the circumstances of the case so warrant, and if either party to the
proceedings so desires, he may conduct the proceedings under this Act
in camera.
17. Right to reside in a shared household.—(1) Notwithstanding
anything contained in any other law for the time being in force, 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 same.
(2) The aggrieved person shall not be evicted or excluded from the
shared household or any part of it by the respondent save in
accordance with the procedure established by law.
► Scope.—This section provide for a higher right in favour of the wife. She
not only acquires a right to be maintained but also thereunder acquires a right of
residence which is a higher right. However, said right, as per the legislation
extends only to joint properties in which husband has a share, Vimlaben Ajitbhai
Patel v. Vatslaben Ashokbhai Patel, (2008) 4 SCC 649.
► Ownership rights.—The statute, expressly excludes the consideration of
ownership rights as a condition for determining whether or not a particular
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property is a shared household. A wife who owns a property can even otherwise
exclude any person, including her abusive or violative husband therein under civil
law. The enactment of the 2005 Act would not be required to give such a wife any
added protection by way of any injunctive relief in respect of a residential property
owned by her. The 2005 Act steps in to protect the women who were otherwise left
unprotected under the general law. There is no place for proprietary rights under
the 2005 Act. The Act is an extension of the deeper and profounder principle of
women's rights as a part of human rights. The matrimonial home or the shared
household of a person does not require it to be owned or co-owned by the person
who has been violated. It could be any household whether owned or tenanted,
either jointly or by either of them as specifically set out in Section 2(s). It is the
household in which the victim and the violatory may be having rights, singly or
jointly. Consequently, they may or may not have title to the property and hence,
the victim can apply for a residence order to the court in respect of a shared
household, which includes their matrimonial home, whether or not she has any
right, title or beneficial interest therein. The very consideration of ownership rights
would put materialism before matrimony, Ishpal Singh Kahai v. Ramanjeet Kahai,
2011 SCC OnLine Bom 412.
► Residential rights.—The husband, who subjects his wife to domestic
violence in a marital relationship would require a protection as well as a residence
order passed against him. The wife is required to show the court nothing more
than her residential rights to the disputed premises which is her matrimonial home
or the shared residence, Ishpal Singh Kahai v. Ramanjeet Kahai, 2011 SCC
OnLine Bom 412.
► Shared household.—Section 17 creates entitlement in favour of woman of
right of residence under “shared household” irrespective of her having any legal
interests in the same. The direction, inter alia, can include an order restraining
dispossession or a direction to remove himself from shared household, on being
satisfied that domestic violence had taken place, Manmohan Attavar v. Neelam
Manmohan Attavar, (2017) 8 SCC 550.
► Nature and scope of right to reside in shared household.—Scope of
right to reside in the shared household conferred under DV Act and categories of
women upon whom the said right is conferred, discussed. Wide and
comprehensive scope of “domestic relationship", explained in detail, Prabha Tyagi
v. Kamlesh Devi, (2022) 8 SCC 90.
18. Protection orders.—The Magistrate may, after giving the
aggrieved person and the respondent an opportunity of being heard
and on being prima facie satisfied that domestic violence has taken
place or is likely to take place, pass a protection order in favour of the
aggrieved person and prohibit the respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic
violence;
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(c) entering the place of employment of the aggrieved person or,

if the person aggrieved is a child, its school or any other place
frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the
aggrieved person, including personal, oral or written or
electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts
used or held or enjoyed by both the parties, jointly by the
aggrieved person and the respondent or singly by the
respondent, including her stridhan or any other property held
either jointly by the parties or separately by them without the
leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any
person who give the aggrieved person assistance from
domestic violence;
(g) committing any other act as specified in the protection order.
► Conduct of parties.—Conduct of parties even prior to coming into force of
2005 Act can be taken into consideration while passing the order for protection-
cum-residence and monetary relief, V.D. Bhanot v. Savita Bhanot, (2012) 3 SCC
183 : (2012) 2 SCC (Cri) 102 : (2012) 2 SCC (Civ) 53.
► Opportunity of hearing.—Two things are required before passing an
order in favour of aggrieved person, (i) opportunity of hearing to the parties; and
(ii) on being prima facie satisfied with regard to happening of the domestic
violence or likely to happen thereof. It cannot be accepted that only upon
providing an opportunity of hearing such orders are required to be passed,
Madhusudan Bhardwaj v. Mamta Bhardwaj, 2009 SCC OnLine MP 228.
► Grant of relief.—Conduct of parties even prior to commencement of DVA,
2005, reiterated, can be taken into consideration while passing an order under
Sections 18, 19 and 20, Saraswathy v. Babu, (2014) 3 SCC 712 : (2014) 4 SCC
(Cri) 688 : (2014) 2 SCC (Civ) 330.
19. Residence orders.—(1) While disposing of an application under
sub-section (1) of Section 12, the Magistrate may, on being satisfied
that domestic violence has taken place, pass a residence order—
(a) restraining the respondent from dispossessing or in any other
manner disturbing the possession of the aggrieved person from
the shared household, whether or not the respondent has a
legal or equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared
household;
(c) restraining the respondent or any of his relatives from entering
any portion of the shared household in which the aggrieved
person resides;
(d) restraining the respondent from alienating or disposing off the
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shared household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the
shared household except with the leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate
accommodation for the aggrieved person as enjoyed by her in
the shared household or to pay rent for the same, if the
circumstances so require:
Provided that no order under clause (b) shall be passed against any
person who is a woman.
(2) The Magistrate may impose any additional conditions or pass any
other direction which he may deem reasonably necessary to protect or
to provide for the safety of the aggrieved person or any child of such
aggrieved person.
(3) The Magistrate may require from the respondent to execute a
bond, with or without sureties, for preventing the commission of
domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order
under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974)
and shall be dealt with accordingly.
(5) While passing an order under sub-section (1), sub-section (2) or
sub-section (3), the court may also pass an order directing the officer
in-charge of the nearest police station to give protection to the
aggrieved person or to assist her or the person making an application
on her behalf in the implementation of the order.
(6) While making an order under sub-section (1), the Magistrate
may impose on the respondent obligations relating to the discharge of
rent and other payments, having regard to the financial needs and
resources of the parties.
(7) The Magistrate may direct the officer in-charge of the police
station in whose jurisdiction the Magistrate has been approached to
assist in the implementation of the protection order.
(8) The Magistrate may direct the respondent to return to the
possession of the aggrieved person her stridhan or any other property
or valuable security to which she is entitled to.
► Alternative accommodation.—Wife's claim for alternative accommodation
in terms of Section 19(1)(f) can only be made against her husband and not
against her in-laws or other relatives of the husband, S.R. Batra v. Taruna Batra,
(2007) 3 SCC 169 : (2007) 2 SCC (Cri) 56.
► Alternate equivalent accommodation.—“Similar” does not mean identical.
Direction of court to husband to pay monthly rent of alternate suitable
accommodation for wife which should be “similar” to accommodation of husband,
held, does not mean that it has to be identical in terms of area, facilities and
luxuries. Word “similar” has to be construed as providing same degree of luxury
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and comfort as is available in accommodation to which it is to be similar, Jaidev

Rajnikant Shroff v. Poonam Jaidev Shroff, (2022) 1 SCC 683.
► Distribution of the assets.—The right of the wife under Section 19 does
not require to deal with the equality in distribution of the assets and properties of
the husband. It is a protective legislation for an enabling purpose to allow a wife to
reside exclusively and peaceably in such alternative premises which, of course,
should be of the same level. Besides, since it would be unencumbered residence,
exclusive for the wife, it would require to be about half the area of the shared
residence of the parties. Sabah Sami Khan v. Adnan Sami Khan, 2010 SCC
OnLine Bom 1629.
► Relief under the Act.—Act contemplates two types of reliefs viz. (a) right to
reside in shared household; and (b) right to seek residence orders under Section
19 of the Act—Section 19(1) of the Act empowers Magistrate to pass variety of
residence order. Shared household would come into picture only when relief is
sought in terms of Sections 19(1)(a) to (e) of the Act. Aggrieved woman can seek
orders to enable her to continue to reside in shared household or protection order
to enable her to reside in shared household, then property, which is subject-
matter, should be shared household. Aggrieved woman can seek relief of alternate
accommodation in terms of Section 19(1)(f) of the Act and in such case concept
of shared household would not be attracted. Expression “shared household”
occurring in Section 19(1)(f) of the Act is just for purpose of enabling aggrieved
woman to seek alternative accommodation, which would be on par with shared
household that she enjoyed at some point of time, M. Muruganandam v. M.
Megala, 2010 SCC OnLine Mad 6012.
► Jurisdiction of Magistrate.—Jurisdiction of Magistrate has jurisdiction to
direct removal of spouse from shared household on being satisfied that domestic
violence had taken place, Samir Vidyasagar Bhardwaj v. Nandita Samir
Bhardwaj, (2017) 14 SCC 583.
► “Shared household” — What is.—Where there is share of husband in
property owned entirely by deceased first wife, remedies of second wife are
restricted against such share of husband alone, Neelam Gupta v. Mahipal Sharan
Gupta, (2020) 11 SCC 232.
20. Monetary reliefs.—(1) While disposing of an application under
sub-section (1) of Section 12, the Magistrate may direct the respondent
to pay monetary relief to meet the expenses incurred and losses
suffered by the aggrieved person and any child of the aggrieved person
as a result of the domestic violence and such relief may include, but is
not limited to,—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of
any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her
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children, if any, including an order under or in addition to an

order of maintenance under Section 125 of the Code of
Criminal Procedure, 1973 (2 of 1974) or any other law for the
time being in force.
(2) The monetary relief granted under this section shall be adequate,
fair and reasonable and consistent with the standard of living to which
the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump
sum payment or monthly payments of maintenance, as the nature and
circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief
made under sub-section (1) to the parties to the application and to the
in-charge of the police station within the local limits of whose
jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the
aggrieved person within the period specified in the order under sub-
section (1).
(6) Upon the failure on the part of the respondent to make payment
in terms of the order under sub-section (1), the Magistrate may direct
the employer or a debtor of the respondent, to directly pay to the
aggrieved person or to deposit with the court a portion of the wages or
salaries or debt due to or accrued to the credit of the respondent, which
amount may be adjusted towards the monetary relief payable by the
respondent.
► Claim of maintenance.—Claim of maintenance against brother of
deceased husband, in case of shared household in ancestral joint Hindu family
property, and joint business between said brother and deceased husband, allowed
by courts below and direction for interim maintenance, confirmed, Ajay Kumar v.
Lata, (2019) 15 SCC 352.
21. Custody orders.—Notwithstanding anything contained in any
other law for the time being in force, the Magistrate may, at any stage
of hearing of the application for protection order or for any other relief
under this Act grant temporary custody of any child or children to the
aggrieved person or the person making an application on her behalf and
specify, if necessary, the arrangements for visit of such child or children
by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the
respondent may be harmful to the interests of the child or children, the
Magistrate shall refuse to allow such visit.
22. Compensation orders.—In addition to other reliefs as may be
granted under this Act, the Magistrate may on an application being
made by the aggrieved person, pass an order directing the respondent
to pay compensation and damages for the injuries, including mental
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torture and emotional distress, caused by the acts of domestic violence

committed by that respondent.
► Compensation.—When Husband threw appellant wife out of matrimonial
home four months after marriage and despite repeated orders of various courts
and intervention of police, not permitted her to live in shared household for the last
14 yrs action of respondent husband squarely comes within ambit of “domestic
violence” in wide terms as defined in DV Act and especially “economic abuse”,
Saraswathy v. Babu, (2014) 3 SCC 712 : (2014) 4 SCC (Cri) 688 : (2014) 2 SCC
(Civ) 330.
23. Power to grant interim and ex parte orders.—(1) In any
proceeding before him under this Act, the Magistrate may pass such
interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie
discloses that the respondent is committing, or has committed an act of
domestic violence or that there is a likelihood that the respondent may
commit an act of domestic violence, he may grant an ex parte order on
the basis of the affidavit in such form, as may be prescribed, of the
aggrieved person under Section 18, Section 19, Section 20, Section 21
or, as the case may be, Section 22 against the respondent.
24. Court to give copies of order free of cost.—The Magistrate shall,
in all cases where he has passed any order under this Act, order that a
copy of such order, shall be given free of cost, to the parties to the
application, the police officer in-charge of the police station in the
jurisdiction of which the Magistrate has been approached, and any
service provider located within the local limits of the jurisdiction of the
court and if any service provider has registered a domestic incident
report, to that service provider.
25. Duration and alteration of orders.—(1) A protection order made
under Section 18 shall be in force till the aggrieved person applies for
discharge.
(2) If the Magistrate, on receipt of an application from the aggrieved
person or the respondent, is satisfied that there is a change in the
circumstances requiring alteration, modification or revocation of any
order made under this Act, he may, for reasons to be recorded in
writing pass such order, as he may deem appropriate.
26. Relief in other suits and legal proceedings.—(1) Any relief
available under Sections 18, 19, 20, 21 and 22 may also be sought in
any legal proceeding, before a civil court, family court or a criminal
court, affecting the aggrieved person and the respondent whether such
proceeding was initiated before or after the commencement of this Act.
(2) Any relief referred to in sub-section (1) may be sought for in
addition to and along with any other relief that the aggrieved person
may seek in such suit or legal proceeding before a civil or criminal
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court.
(3) In case any relief has been obtained by the aggrieved person in
any proceedings other than a proceeding under this Act, she shall be
bound to inform the Magistrate of the grant of such relief.
► Relief.—Relief available under Sections 18, 19, 20, 21 and 22 can be
claimed under Section 26 in legal proceeding before civil court, Family Court or a
criminal court, Rajkumar Rampal Pandey v. Sarita Rajkumar Pandey, 2008 SCC
OnLine Bom 801.
Relief available under Section 19 can also be claimed under Section 26 in any
legal proceeding before a civil court, Family Court or a criminal court, affecting
the aggrieved applicant and the respondent, Rajkumar Rampal Pandey v. Sarita
Rajkumar Pandey, 2008 SCC OnLine Bom 801.
► “Civil court”.—Judge, Small Cause Court constituted under Provincial
Small Cause Courts Act, 1887 is civil court. Therefore, relief available under
Sections 18 to 22 of 2005 Act can also be sought by aggrieved person in
suit/proceeding instituted against her under 1887 Act in absence of any express
bar. Unless determination of claim of such relief is expressly barred from
consideration, Supreme Court would be loath to read such a bar, Vaishali
Abhimanyu Joshi v. Nanasaheb Gopal Joshi, (2017) 14 SCC 373 : (2017) 4 SCC
(Cri) 879.
27. Jurisdiction.—(1) The court of Judicial Magistrate of the first class
or the Metropolitan Magistrate, as the case may be, within the local
limits of which—
(a) the person aggrieved permanently or temporarily resides or
carries on business or is employed; or
(b) the respondent resides or carries on business or is employed;
or
(c) the cause of action has arisen,
shall be the competent court to grant a protection order and other
orders under this Act and to try offences under this Act.
(2) Any order made under this Act shall be enforceable throughout
India.
► Jurisdiction of courts.—A plain reading of Section 27 makes it clear that
petition under DV Act can be filed in a court where “person aggrieved”
permanently or temporarily resides or carries on business or is employed,
Shyamlal Devda v. Parimala, (2020) 3 SCC 14.
28. Procedure.—(1) Save as otherwise provided in this Act, all
proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences
under Section 31 shall be governed by the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying
down its own procedure for disposal of an application under Section 12
or under sub-section (2) of Section 23.
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► Procedure laid down in Criminal Procedure Code, 1973.—For

application under Section 12 of the Act, Magistrate is required to comply with the
provisions of Rule 6(5) of the Protection of Women from Domestic Violence
Rules, 2006 and Section 28(1) of the Act and follow the procedure as laid down in
the Criminal Procedure Code, 1973 for the application under Section 125 of the
Code, Madhusudan Bhardwaj v. Mamta Bhardwaj, 2009 SCC OnLine MP 228.
► Quasi-civil proceeding.—Proceeding under the Act are quasi-civil in
nature. When a party is entitled to ask for setting aside an ex parte order, a
prayer of like nature can well be made in a proceeding under this Act, Swapan
Kumar Das v. Aditi Das, 2011 SCC OnLine Cal 2716.
► Amendment to original petition.—Power of court to allow amendment to
original petition/complaint filed under DV Act available. Nature of proceedings,
whether civil or criminal, under various provisions of DV Act, clarified. Whether
they are civil or criminal in nature, held, original petition/complaint may be
permitted by court to be amended in appropriate cases, Kunapareddy v.
Kunapareddy Swarna Kumari, (2016) 11 SCC 774 : (2016) 4 SCC (Civ) 493.
29. Appeal.—There shall lie an appeal to the Court of Session within
thirty days from the date on which the order made by the Magistrate is
served on the aggrieved person or the respondent, as the case may be,
whichever is later.
► Appeal of order.—Any order passed by the Magistrate under the Act is
appealable. Some time for immediate relief Section 482 of the Criminal Procedure
Code, 1973 or Article 227 may have to be resorted to for correcting some grave
errors that might be committed by the subordinate courts, Ajay Kant Sharma v.
Alka Sharma, 2007 SCC OnLine MP 236.
► Withdrawal of appeal.—In come of respondent woman seeking to
establish her status as wife/companion of appellant, withdrawal of appeal
proceedings from ASJ to High Court itself not valid, Manmohan Attavar v. Neelam
Manmohan Attavar, (2017) 8 SCC 550.
Chapter V
MISCELLANEOUS
30. Protection Officers and members of service providers to be public
servants.—The Protection Officers and members of service providers,
while acting or purporting to act in pursuance of any of the provisions
of this Act or any rules or orders made thereunder shall be deemed to
be public servants within the meaning of Section 21 of the Indian Penal
Code (45 of 1860).
31. Penalty for breach of protection order by respondent.—(1) A
breach of protection order, or of an interim protection order, by the
respondent shall be an offence under this Act and shall be punishable
with imprisonment of either description for a term which may extend to
one year, or with fine which may extend to twenty thousand rupees, or
with both.
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(2) The offence under sub-section (1) shall as far as practicable be

tried by the Magistrate who had passed the order, the breach of which
has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrate may
also frame charges under Section 498-A of the Indian Penal Code (45 of
1860) or any other provision of that Code or the Dowry Prohibition Act,
1961 (28 of 1961), as the case may be, if the facts disclose the
commission of an offence under those provisions.
32. Cognizance and proof.—(1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under
sub-section (1) of Section 31 shall be cognizable and non-bailable.
(2) Upon the sole testimony of the aggrieved person, the court may
conclude that an offence under sub-section (1) of Section 31 has been
committed by the accused.
33. Penalty for not discharging duty by Protection Officer.—If any
Protection Officer fails or refuses to discharge his duties as directed by
the Magistrate in the protection order without any sufficient cause, he
shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine which may extend to twenty
thousand rupees, or with both.
34. Cognizance of offence committed by Protection Officer.—No
prosecution or other legal proceeding shall lie against the Protection
Officer unless a complaint is filed with the previous sanction of the
State Government or an officer authorised by it in this behalf.
35. Protection of action taken in good faith.—No suit, prosecution or
other legal proceeding shall lie against the Protection Officer for any
damage caused or likely to be caused by anything which is in good faith
done or intended to be done under this Act or any rule or order made
thereunder.
36. Act not in derogation of any other law.—The provisions of this
Act shall be in addition to, and not in derogation of the provisions of
any other law, for the time being in force.
37. Power of Central Government to make rules.—(1) The Central
Government may, by notification, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:—
(a) the qualifications and experience which a Protection Officer
shall possess under sub-section (2) of Section 8;
(b) the terms and conditions of service of the Protection Officers
and the other officers subordinate to him, under sub-section
(3) of Section 8;
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(c) the form and manner in which a domestic incident report may
be made under clause (b) of sub-section (1) of Section 9;
(d) the form and the manner in which an application for
protection order may be made to the Magistrate under clause
(c) of sub-section (1) of Section 9;
(e) the form in which a complaint is to be filed under clause (d) of
sub-section (1) of Section 9;
(f) the other duties to be performed by the Protection Officer
under clause (i) of sub-section (1) of Section 9;
(g) the rules regulating registration of service providers under sub
-section (1) of Section 10;
(h) the form in which an application under sub-section (1) of
Section 12 seeking reliefs under this Act may be made and the
particulars which such application shall contain under sub-
section (3) of that section;
(i) the means of serving notices under sub-section (1) of Section
13;
(j) the form of declaration of service of notice to be made by the
Protection Officer under sub-section (2) of Section 13;
(k) the qualifications and experience in counselling which a
member of the service provider shall possess under sub-section
(1) of Section 14;
(l) the form in which an affidavit may be filed by the aggrieved
person under sub-section (2) of Section 23;
(m) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule.

———

1.
Received the assent of the President on September 13, 2005 and published in the Gazette
of India, Extra., Part II, Section 1, dated 14th September, 2005, pp. 1-12, No. 49.

2.
The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, Ss. 95,
96 & Sch. V (w.e.f. 31-10-2019).
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3.
26-10-2006 [Vide Noti. No. S.O. 1776(E), dt. 17-10-2006].

4.
Declared unconstitutional and stands deleted vide Hiral P. Harsora v. Kusum Narottamdas
Harsora, (2016) 10 SCC 165.

5.
Declared unconstitutional and stands deleted vide Hiral P. Harsora v. Kusum Narottamdas
Harsora, (2016) 10 SCC 165.

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