The Protection of Women from Domestic Violence Act, 2005 created a civil remedy administered through the criminal courts: a Magistrate-driven procedure designed to deliver protection, residence and monetary support quickly, without the aggrieved person first having to prove a criminal offence. This explainer sets out how a case under the Act actually moves through the Magistrate Courts in Delhi, from application to enforcement.
Who may apply, and against whom
The Act protects an aggrieved person — a woman who is, or has been, in a domestic relationship with the respondent and alleges domestic violence. The domestic relationship is defined widely: marriage, a relationship in the nature of marriage, consanguinity, adoption, or living together as a joint family. Complaints are in practice directed against the husband or male partner and, where the facts warrant, his relatives. Domestic violence itself is defined in Section 3 to include physical, sexual, verbal, emotional and economic abuse — the last of these covering deprivation of financial resources, disposal of household assets and prohibition of access to shared resources.
The application and the Domestic Incident Report
Proceedings begin with an application under Section 12 before the Magistrate, ordinarily accompanied by an affidavit and, where one has been prepared, a Domestic Incident Report. The DIR is recorded by a Protection Officer or a registered service provider when the aggrieved person approaches them; the Magistrate is required to take it into consideration. An application can, however, be presented directly through counsel without first approaching a Protection Officer — in Delhi this is the commoner route — and the court may then call for a DIR.
The Act sets an expectation of speed: the first hearing is ordinarily to be fixed within three days of the application, and Section 12(5) directs the Magistrate to endeavour to dispose of the application within sixty days of the first hearing. Practice is slower, but the statutory timeline remains a useful lever for a party pressing for interim relief.
The path of a typical case
The five reliefs
| Provision | Relief | Substance |
|---|---|---|
| Section 18 | Protection order | Prohibits acts of domestic violence, aiding or abetting them, entering the workplace or school, communication, alienation of assets and violence against dependants. |
| Section 19 | Residence order | Secures the right to reside in the shared household — by restraining dispossession, directing the respondent to remove himself, restraining alienation, or directing alternative accommodation. |
| Section 20 | Monetary relief | Loss of earnings, medical expenses, loss caused by destruction or removal of property, and maintenance for the aggrieved person and her children. |
| Section 21 | Custody order | Temporary custody of children to the aggrieved person, with visitation arrangements that may be refused if visits may be harmful. |
| Section 22 | Compensation | Damages for injuries, including mental torture and emotional distress, caused by acts of domestic violence. |
Section 17 underpins the residence relief: every woman in a domestic relationship has the right to reside in the shared household, whether or not she has any title or beneficial interest in it. She cannot be evicted from it except in accordance with the procedure established by law.
Interim protection
Section 23 is the engine of the Act in practice. The Magistrate may grant any of the final reliefs on an interim basis, and may do so ex parte on the aggrieved person’s affidavit where the application discloses domestic violence or its likelihood. Interim monetary relief and protection orders at the first effective hearing are the norm rather than the exception in Delhi where the application is properly supported.
Enforcement and appeal
Breach of a protection order, or of an interim protection order, is a criminal offence under Section 31, punishable with imprisonment up to one year, fine, or both — and it is at this point that the machinery becomes penal. Monetary orders are enforceable in the manner of maintenance orders, and Section 20(6) permits the Magistrate to direct an employer or debtor of the respondent to pay the aggrieved person directly. Appeals lie to the Court of Session under Section 29 within thirty days of the order.
Documents that materially strengthen a Section 12 application: proof of the domestic relationship and of residence in the shared household; medical records or photographs where physical abuse is alleged; bank statements and salary particulars of both parties for monetary relief; details of any parallel proceedings — divorce, maintenance under Section 144 BNSS, criminal complaints — with copies of orders passed; and a precise, dated narration of incidents rather than a general recital of cruelty.
Respondents, equally, are entitled to be heard on every relief; interim orders can be varied or set aside under Section 25 on a change of circumstances, and exaggerated or wholly unsubstantiated claims tend to damage the applicant’s credibility across the connected matrimonial litigation. On both sides of a DV case, the affidavit filed at the outset usually shapes everything that follows.
Frequently Asked Questions
Is a case under the DV Act a criminal prosecution?
Not in substance. The application under Section 12 seeks civil reliefs — protection, residence, maintenance, custody and compensation — though it is decided by a Magistrate using a summary procedure. A criminal offence arises under Section 31 only if a protection order, once passed, is breached by the respondent.
Can reliefs be granted before the respondent is heard?
Yes. Section 23 empowers the Magistrate to grant interim relief, and where the application discloses that domestic violence has been or may be committed, an ex parte order can be passed on the basis of the affidavit of the aggrieved person, subject to the respondent being heard thereafter.
Can maintenance be claimed both under the DV Act and under Section 144 BNSS?
Both remedies can be pursued, but the amounts are adjusted against each other — maintenance is compensatory, not cumulative. Courts routinely direct that sums paid under one order be set off against liability under the other, so full disclosure of parallel proceedings is essential.
Where are DV cases filed in Delhi?
Before the Judicial Magistrates designated for the purpose — in Delhi, ordinarily the Mahila Courts in the district courthouses. The application may be filed where the aggrieved person resides permanently or temporarily, where the respondent resides, or where the cause of action arose.