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Domestic Violence Act (PWDVA) – Rights, Complaints & Legal Remedies
- The Law Gurukul
- Jul 10
- 2 min read
The Protection of Women from Domestic Violence Act (PWDVA), 2005 is a crucial law in India that safeguards women from abuse within households. Unlike criminal laws, it provides civil remedies, ensuring immediate protection without needing a divorce or separation.
This guide covers:
✔ What constitutes domestic violence under PWDVA?
✔ Legal rights of survivors
✔ How to file a complaint?
✔ Protection orders, compensation & more
1. What is Domestic Violence Under PWDVA?
The law defines domestic violence as physical, emotional, sexual, verbal, or economic abuse by a family member, including:
Husband or male partner
Live-in partners (even without marriage)
Relatives (mother-in-law, father-in-law, siblings)
Types of Abuse Covered:
🔴 Physical Abuse – Beating, slapping, harming.
🔴 Emotional/Psychological Abuse – Insults, threats, humiliation.
🔴 Sexual Abuse – Forced intercourse, marital rape (implied).
🔴 Economic Abuse – Denying financial support, seizing salary.
🔴 Verbal Abuse – Constant yelling, demeaning comments.
2. Who Can File a Complaint?
✅ Wives (married or separated).
✅ Live-in partners (in a relationship "in the nature of marriage").
✅ Female relatives (mothers, sisters, daughters living with the abuser).
Note: The law currently applies only to women, though men can seek relief under IPC Section 498A or general laws.
3. How to File a Domestic Violence Complaint?
Step 1: Report to Authorities
Police (FIR under IPC 498A if criminal offence exists).
Protection Officer (appointed by the District Magistrate).
NGOs/Domestic Violence Helpline (181 or 112).
Step 2: File a Petition in Court
Approach the Magistrate Court under PWDVA.
Submit:
Application form (available at court or online).
Details of abuse (dates, incidents, witnesses).
Medical reports (if physical violence).
Step 3: Seek Immediate Protection
The court can issue:
Protection Order (stops abuser from contacting victim).
Residence Order (allows victim to stay in shared home).
Monetary Compensation (for medical expenses, losses).
4. Key Legal Remedies Under PWDVA
Remedy | Description |
Protection Order | Prohibits abuser from threatening/harming the survivor. |
Residence Order | Prevents eviction; can remove abuser from shared home. |
Monetary Relief | Compensation for medical bills, lost earnings, damages. |
Custody Order | Temporary custody of children granted to the mother. |
Compensation Order | Additional payment for emotional trauma. |
5. What Evidence is Required?
Medical reports (if injured).
Photos/videos of abuse.
Witness statements (neighbours, friends).
Call recordings, messages (threats, verbal abuse).
Bank statements (proof of economic abuse).
6. Can a Case Be Filed Without Police?
Yes! PWDVA is a civil law, meaning:
No police arrest is needed.
No criminal charges (unless IPC sections apply).
Faster relief (orders can be issued in 60 days).
7. Challenges & Misuse Concerns
Delays in court proceedings.
False cases for harassment (though rare).
Lack of awareness in rural areas.
Note: Courts can penalize false complaints under Section 211 IPC.
8. Important Judgments
Indra Sarma vs VKV Sarma (2013) – Live-in partners covered under PWDVA.
Krishna Bhatacharjee vs Sarathi Choudhury (2016) – Daughters-in-law can claim against in-laws.
9. Conclusion: Know Your Rights!
If you or someone you know is facing domestic violence:
1️⃣ Document evidence.
2️⃣ File a complaint with the Protection Officer or Magistrate.
3️⃣ Seek free legal aid (DLSA helplines).
Domestic violence is a crime—speak up & use the law!
Need help? Contact:
National Commission for Women (NCW) – 7827170170
Women’s Helpline – 181 or 112
Share this guide to spread awareness!
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