Domestic Violence Act: Protection, Residence and Monetary Reliefs

Who can apply

A woman who is or has been in a domestic relationship with the respondent — including marriage, a relationship in the nature of marriage, or as a family member in a shared household — may apply as an ‘aggrieved person’.

What domestic violence includes

• Physical abuse
• Sexual abuse
• Verbal and emotional abuse
• Economic abuse, including deprivation of financial resources or the shared household

Reliefs the Magistrate can grant

• Protection orders prohibiting acts of violence (Section 18)
• Residence orders protecting the right to reside in the shared household (Section 19)
• Monetary relief for expenses and losses (Section 20)
• Temporary custody of children (Section 21)
• Compensation for injuries, including mental distress (Section 22)

The shared household

In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court held that a shared household can include a house belonging to the husband’s relatives where the woman lived in a domestic relationship, subject to the facts.

How to apply

An application is made to the Magistrate, directly or through a Protection Officer or service provider. Interim and ex parte orders may be granted in urgent cases.