Monetary relief under the Protection of Women from Domestic Violence Act, 2005 is often pleaded as if it were only another word for maintenance. It is not. Section 20 directs the respondent to meet the expenses incurred and losses suffered by the aggrieved person and her children as a result of domestic violence — a compensatory head that includes, but is distinctly wider than, maintenance. Understanding that width, and how the different maintenance regimes are adjusted against each other, is central to both claiming and resisting relief in Delhi's Mahila Courts.
The four limbs of Section 20
Section 20(1) enumerates what the monetary relief may cover, and each limb does independent work:
Loss of earnings
Where the violence or dispossession cost the aggrieved person her employment, business income or the ability to work.
Medical expenses
Treatment necessitated by physical or mental injury, supported by records and bills.
Loss of property
Destruction, damage or removal of property from her control — stridhan, jewellery, documents, household articles.
Maintenance
For the aggrieved person and her children, including — expressly — in addition to maintenance under Section 125 CrPC / Section 144 BNSS.
Sub-section (2) supplies the standard: the relief must be adequate, fair and reasonable, and consistent with the standard of living to which the aggrieved person is accustomed. Sub-section (3) permits a lump sum in place of monthly payments where appropriate.
How it differs from the other maintenance regimes
A wife in Delhi may simultaneously have claims under Section 144 BNSS, under Sections 24 and 25 of the Hindu Marriage Act in divorce proceedings, and under Section 20 of the DV Act. The regimes differ in forum, in test and in reach:
| Regime | Forum | Distinctive feature |
|---|---|---|
| Section 144 BNSS | Family Court / Magistrate | Summary, need-based maintenance to prevent destitution; available to wives, children and parents |
| Sections 24–25 HMA | Family Court seized of the matrimonial case | Pendente lite support and litigation expenses; permanent alimony on decree |
| Section 20 DV Act | Magistrate under the DV Act | Compensatory: expenses and losses caused by domestic violence, plus maintenance, with direct-payment enforcement |
The settled working rule is disclosure and adjustment: every parallel order must be placed before each court, and the later order accounts for what is already being paid, so that the total reflects one assessment of need rather than an accumulation of overlapping awards. The affidavit of assets and liabilities filed by both sides is the foundation of that exercise, and suppression in it is treated seriously.
Pleading and proof
Because Section 20 is compensatory, pleading matters more than in a bare maintenance claim. An application that itemises — dated medical treatment with bills, the employment lost and the salary it carried, the articles of stridhan removed and their value — gives the Magistrate material to quantify. Delhi courts routinely decline vague, unparticularised claims while granting the maintenance limb on the strength of the affidavits alone. Interim monetary relief is available under Section 23 from the first hearing, and is where most Section 20 litigation is actually fought.
Resisting a claim
For respondents, the recurring defences are structural rather than rhetorical: absence of a domestic relationship or of any act of domestic violence as defined in Section 3; the claimant's own means and earning capacity, demonstrated through her affidavit and documents; duplication with existing orders; and, on the property limb, the absence of proof that articles were in the respondent's control. A respondent's candid affidavit of assets is his best protection — courts fix figures against evasive disclosure, and an order once passed is enforceable against salary and receivables under Section 20(6).
Orders under Section 20 are appealable to the Court of Session under Section 29 within thirty days. Alteration on change of circumstances is available under Section 25 — the same route through which respondents seek reduction when incomes fall or the claimant's circumstances materially change.
Frequently Asked Questions
What can be claimed under Section 20 besides monthly maintenance?
Loss of earnings caused by the violence, medical expenses, loss caused by destruction, damage or removal of property from the aggrieved person's control, and maintenance for her and her children. The order may be a lump sum or monthly payments, and must be adequate, fair, reasonable and consistent with the standard of living she is accustomed to.
Can Section 20 maintenance be claimed along with Section 144 BNSS maintenance?
Yes. Section 20(1)(d) expressly permits maintenance under the DV Act in addition to an order under Section 125 CrPC — now Section 144 BNSS — or any other law. Courts, however, adjust the amounts so that the claimant does not recover twice over for the same need, and disclosure of every parallel order is mandatory.
How is a Section 20 order enforced if the respondent does not pay?
Section 20(6) allows the Magistrate to direct the respondent's employer or a debtor of the respondent to pay the aggrieved person directly, adjusting it against wages or debts due. Enforcement can also proceed through the mechanism for executing maintenance orders, and persistent default may amount to breach inviting coercive process.
Is compensation under Section 22 the same as monetary relief?
No. Section 22 provides compensation and damages for injuries, including mental torture and emotional distress, caused by domestic violence. It is a separate head from Section 20, which addresses expenses and losses. Both can be granted in the same proceedings on proper pleading and proof.