If you are in immediate danger, call 112. The national women's helpline is 181. Karnataka State Women's Helpline is 1091. You do not need a lawyer, an FIR, or your husband's consent to make any of those calls, and you do not need to have left the house.
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a civil law with criminal teeth. It does not send anyone to jail for the violence itself. What it does is give a magistrate power to order five specific things quickly: that the abuse stop, that you not be thrown out of the house, that money be paid, that the children stay with you, and that compensation be paid. Breaching one of those orders is then a criminal offence.
Part of the domestic violence practice at S Jain & Attorneys, Bangalore.
That distinction matters, because most people arrive believing their only option is a police complaint and a criminal case. It is not, and for many families the civil route under the DV Act delivers protection faster. This guide sets out what counts as domestic violence in law, what a court can actually order, how to file in Bengaluru, and what evidence carries weight. If your matter is live, our family and divorce law practice handles DV applications and defends them.
What counts as domestic violence under Section 3
Section 3 of the PWDVA defines domestic violence far more broadly than physical assault. It covers four categories, and a single course of conduct often falls into several.
- Physical abuse: any act causing bodily pain, harm or danger to life, limb or health, including assault, criminal force and criminal intimidation.
- Sexual abuse: conduct of a sexual nature that abuses, humiliates or degrades, or otherwise violates dignity.
- Verbal and emotional abuse: insults, ridicule, humiliation, name-calling, and repeated threats. Insults about not having a male child, and threats of suicide by the abuser, are expressly within the mischief.
- Economic abuse: withholding money required for the household, denying access to shared resources, disposing of stridhan or household assets, preventing employment, and forcing a woman out of the shared household.
Harassment for dowry is separately covered: conduct that harms or endangers a woman to coerce her or her relatives into meeting an unlawful demand for dowry, property or valuable security is domestic violence under the Act.
Key takeaway. Economic abuse is the most under-used head in the Act. Cutting off household money, taking a woman's salary or ATM card, or stopping her from working is domestic violence in law, and it is often far easier to prove on paper than physical abuse.
Who can file, and against whom
An "aggrieved person" is any woman in a domestic relationship with the respondent, meaning they live or have at any point lived together in a shared household. That covers wives, mothers, sisters, daughters, widowed relatives, and women in a relationship in the nature of marriage.
On who can be a respondent, the position changed materially in Hiral P. Harsora v Kusum Narottamdas Harsora, (2016) 10 SCC 165. The Supreme Court struck down the words "adult male" from the definition of respondent in Section 2(q). The practical effect is that a complaint can be filed against female relatives of the husband, most commonly a mother-in-law or sister-in-law, and against non-adult relatives. Before Harsora, that was contested ground; it no longer is.
The Act's reach on both sides is wider than most people expect.
Who is an aggrieved person
Any woman in a domestic relationship with the respondent, meaning they live or have at any point lived together in a shared household.
Which relationships are covered
Wives, mothers, sisters, daughters, widowed relatives, and women in a relationship in the nature of marriage all fall within the definition.
Who can be a respondent
Hiral P. Harsora struck the words "adult male" from Section 2(q), so female relatives such as a mother-in-law or sister-in-law can be respondents.
The five reliefs a magistrate can grant
| Relief | Section | What the court can order |
|---|---|---|
| Protection order | S.18 | Prohibit further violence, contact, entering your workplace or your child's school, operating joint accounts, or communicating with you at all. |
| Residence order | S.19 | Restrain dispossession from the shared household, restrain the respondent from entering part of it, direct him to leave, or direct alternative accommodation of the same standard. |
| Monetary relief | S.20 | Loss of earnings, medical expenses, loss caused by destruction of property, and maintenance for you and your children. |
| Custody order | S.21 | Temporary custody of children, with or without visitation for the respondent. |
| Compensation order | S.22 | Damages for injuries, expressly including mental torture and emotional distress. |
Two features make this Act useful in a way that ordinary civil litigation is not. First, under Section 23 the magistrate can grant interim and ex parte orders, meaning relief can be granted at the first hearing, before the other side is heard, on an affidavit. Second, under Section 26 the same reliefs can be claimed in any other pending legal proceeding, so a woman already in a divorce or maintenance case does not have to start a separate DV case to get them.
The residence order, and what a shared household means
The most valuable relief for most women is the residence order, because the practical threat is eviction rather than assault.
The leading authority is Satish Chander Ahuja v Sneha Ahuja, (2021) 1 SCC 414. The Supreme Court held that a shared household is not limited to property owned or tenanted by the husband. A house belonging to a relative of the husband, such as his father, can be a shared household if the woman has lived there in a domestic relationship. The Court also made clear that the owner is not without remedy: title claims are decided in a civil suit, but the woman cannot simply be put out on the street while that is pending.
Common mistake. Leaving the house first and asking for a residence order afterwards. It is far harder to get back in than to be allowed to stay. If it is safe to remain, take advice before moving out. If it is not safe, your safety comes first and the order can still be sought, so leave and call 112.
There is no limitation period
A frequent defence is that the violence was years ago and the claim is time-barred. In Kamatchi v Lakshmi Narayanan, 2022 LiveLaw (SC) 370, the Supreme Court held that an application under Section 12 of the PWDVA is not a complaint of an offence, so the limitation provision applicable to criminal complaints does not bar it. A separated wife filing after a gap is not shut out on limitation alone.
That said, delay is still argued on merits, and a long unexplained gap invites the suggestion that the application is tactical. Explain the delay in the application itself rather than leaving it to be raised against you.
How to file in Bengaluru, step by step
- Record what has happened. Dates, incidents, witnesses, any medical treatment. A plain chronology written by you is a legitimate document and is often the backbone of the case.
- Approach a Protection Officer of the Department of Women and Child Development, or a registered service provider. They prepare a Domestic Incident Report, which the magistrate will look for.
- File the application under Section 12 before the Magistrate having jurisdiction where you reside, where the respondent resides, or where the cause of action arose. Note that residence includes where you are living now, including a shelter or your parents' home.
- Ask for interim relief under Section 23 in the same application. Do not save it for later.
- Service and reply. The Act contemplates the first hearing within three days of the application and disposal within sixty days. Real timelines are longer, but citing the statutory scheme when pressing for a date does work.
- Separately, if there is a criminal offence, an FIR can be registered. The DV proceeding and the criminal case run in parallel; one does not replace the other.
A police complaint is not a precondition. Many women file the DV application first, precisely because it produces a protective order rather than an investigation.
The criminal overlay
Two criminal routes sit alongside the Act. Under the Bharatiya Nyaya Sanhita, 2023, cruelty by a husband or his relatives is an offence under Sections 85 and 86, the successors to Section 498A of the Indian Penal Code. Section 86 defines cruelty, including conduct likely to drive a woman to suicide and harassment to coerce an unlawful dowry demand.
Separately, and importantly, Section 31 of the PWDVA makes breach of a protection order a criminal offence, punishable with imprisonment up to one year, a fine, or both. This is the enforcement mechanism that makes the civil order meaningful. If an order is breached, do not simply file a fresh application; move under Section 31.
What actually persuades a court
From experience, the material that carries weight is rarely dramatic:
- Messages and call logs, in their original form on the device, not retyped.
- Medical records, even a single OPD slip, contemporaneous with an incident.
- Bank statements showing household transfers stopping, for economic abuse.
- Any written complaint made at the time, including to a police station, an employer or a resident welfare association.
- A neighbour or relative willing to say what they saw or heard.
What I tell clients is that the case is usually decided on the ordinary paper trail of a household rather than on the worst incident. People delay filing because they think they need proof of the most serious thing that happened. You do not. You need a consistent, dated account and whatever documents exist, and the court can work from there.
A word to those on the receiving end of an application. Not every DV complaint is well founded, and courts know it. The answer is a documented, specific reply that engages with the chronology, not a general denial and a counter-allegation. Applications defended on paper succeed; applications defended on indignation do not.
Frequently Asked Questions
Is a domestic violence case civil or criminal?
Proceedings under the PWDVA are civil in nature and give protection, residence, monetary, custody and compensation relief. Breach of a protection order is a criminal offence under Section 31, punishable with up to one year of imprisonment.
How quickly can I get a protection order?
The court can pass interim and even ex parte orders under Section 23, so relief can come at the first or an early hearing. The Act contemplates a first hearing within three days and disposal within sixty days, though in practice most matters take longer.
Can I stay in the house if it is in my husband's or in-laws' name?
Yes. Following Satish Chander Ahuja v Sneha Ahuja, a house owned by a relative of the husband can be a shared household. A residence order protects your right to live there, and you cannot be evicted without due process. Ownership disputes are decided separately.
Can I file against my mother-in-law or sister-in-law?
Yes. In Hiral P. Harsora v Kusum Narottamdas Harsora the Supreme Court struck down the words "adult male" from the definition of respondent, so female relatives can be respondents.
Is there a time limit for filing?
No limitation period bars a Section 12 application, following Kamatchi v Lakshmi Narayanan. Long delay may still be argued on merits, so explain it in the application.
Can a man file under this Act?
No. The PWDVA protects women. A man facing abuse must use general criminal law and ordinary civil remedies instead.
Do I need a lawyer, and what does it cost?
You can approach a Protection Officer or the Magistrate directly, and free legal aid is available through the District Legal Services Authority. Legal help makes the application stronger and ensures the right reliefs are claimed together rather than in instalments.
Do I have to file for divorce as well?
No. The DV Act operates independently of divorce. Many women use it to obtain protection and maintenance while deciding what to do about the marriage.
What if he breaches the order?
Move under Section 31. Breach of a protection order is a cognisable offence and is the point at which the criminal machinery engages.
This article is general legal information, not advice on any specific situation. If you are in immediate danger, call 112, the women's helpline 181, or the Karnataka State Women's Helpline 1091.
