The Protection of Women from Domestic Violence Act, 2005 gives an aggrieved woman a civil-protective remedy before a Magistrate, distinct from criminal prosecution. The chamber of Advocate Manish Jha appears both for aggrieved women and for respondents in these proceedings across Delhi.
Who May Apply and Against Whom
An "aggrieved person" under the Act is a woman who is, or has been, in a domestic relationship with the respondent — by marriage, a relationship in the nature of marriage, blood, adoption or joint family living — and who alleges domestic violence. The application under Section 12 is made to the Magistrate, directly or through a Protection Officer or service provider. Domestic violence under the Act is defined widely and covers physical, sexual, verbal, emotional and economic abuse.
Reliefs the Magistrate Can Grant
- Protection orders (Section 18) — restraining the respondent from committing violence, contacting the aggrieved woman or alienating assets.
- Residence orders (Section 19) — protecting her right to reside in the shared household, or directing alternative accommodation.
- Monetary relief (Section 20) — maintenance, medical expenses and compensation for loss caused by the violence.
- Custody orders (Section 21) — temporary custody of children with visitation arrangements.
- Compensation orders (Section 22) — damages for injuries, including mental torture and emotional distress.
Interim and ex parte orders can be passed at the first stage, and breach of a protection order is itself an offence.
Relationship with Section 498A IPC / Section 85 BNS
Proceedings under the 2005 Act are civil-protective in nature and can run alongside criminal prosecution for cruelty by a husband or his relatives.
| Earlier provision | Current provision (from 1 July 2024) | Subject |
|---|---|---|
| Section 498A, IPC 1860 | Section 85, Bharatiya Nyaya Sanhita, 2023 | Cruelty to a married woman |
| Section 125, CrPC 1973 | Section 144, BNSS 2023 | Maintenance |
The Chamber's Role — Both Sides of the Aisle
Advocate Manish Jha, in over fifteen years of practice before the Delhi District Courts and the High Court of Delhi, represents aggrieved women seeking protection, residence and monetary relief, and equally represents husbands and family members defending applications they contend are exaggerated or misdirected. The chamber also handles connected Section 498A / Section 85 BNS matters, dowry cases and matrimonial litigation. Contact details are on the DV contact page.
Frequently Asked Questions
Is a case under the Domestic Violence Act a criminal case?
Proceedings under the Protection of Women from Domestic Violence Act, 2005 are essentially civil-protective, though conducted before a Magistrate. The reliefs are protection, residence, monetary, custody and compensation orders, not punishment. Breach of a protection order, however, is an offence. Criminal prosecution for cruelty is separate, earlier under Section 498A IPC and now under Section 85 of the BNS, 2023.
Who can file a domestic violence application?
Any woman who is or has been in a domestic relationship with the respondent — as a wife, a partner in a relationship in the nature of marriage, a mother, daughter, sister or other family member sharing a household — may apply under Section 12. She may approach the Magistrate directly or through a Protection Officer or a registered service provider.
What reliefs can a Magistrate grant under the Act?
Sections 18 to 22 empower the Magistrate to pass protection orders restraining violence and contact, residence orders securing the shared household, monetary relief including maintenance and medical expenses, temporary custody orders for children, and compensation orders for physical or mental injury. Interim and ex parte orders may be granted at the outset where the situation demands.
Does the chamber act for respondents too?
Yes. The chamber appears for aggrieved women seeking relief, and also for husbands and family members arrayed as respondents. Defence work typically involves contesting exaggerated or omnibus allegations, questions of maintainability and domestic relationship, quantum of monetary relief, and coordination with any parallel proceedings under Section 85 BNS or matrimonial cases.