How do I file a domestic violence complaint in India?
A woman facing physical, emotional, sexual or economic abuse in a domestic relationship can file a complaint under the Protection of Women from Domestic Violence Act, 2005 — through the Protection Officer, police, or directly before the Judicial Magistrate. Courts can grant protection orders, the right to reside in the shared household, monetary relief/maintenance, temporary custody and compensation. In emergencies call 181 (women's helpline) or 112.
The Domestic Violence Act is a civil-protection law built for speed: it is designed to stop the abuse and secure housing and money, without requiring a criminal trial. Here is how it works in practice.
Who can file, against whom
- Who: any woman in a domestic relationship — wife, live-in partner, mother, sister, daughter — facing violence from adult members of the household.
- Against: husband/partner and his relatives (male or female respondents are permissible after Supreme Court rulings).
- What counts as violence: physical, sexual, verbal/emotional, and economic abuse (withholding money, taking salary, denying essentials), plus dowry-related harassment.
The reliefs — what the court can order
| Order | What it does |
|---|---|
| Protection order | Prohibits violence, contact, stalking, entering workplace |
| Residence order | Right to reside in the shared household — she cannot be thrown out; respondent can be directed to leave or provide alternate accommodation |
| Monetary relief | Maintenance, medical expenses, loss of earnings — enforceable like a maintenance order |
| Custody order | Temporary custody of children |
| Compensation | Damages for injuries including mental torture and emotional distress |
The process
- Reach a Protection Officer (appointed in every district; contact via the District Women & Child Welfare office), a registered service provider, police, or file directly before the Judicial Magistrate First Class where you reside/work — you can file where YOU live, not where the marriage home is.
- A Domestic Incident Report (DIR) is prepared.
- First hearing is to be fixed within 3 days of the complaint reaching the court; the Act intends disposal within 60 days (practice varies).
- Interim/ex-parte orders can issue immediately — protection and residence orders on day one where urgency is shown.
- Breach of a protection order is a criminal offence — arrestable, punishable with up to a year’s imprisonment. This gives the civil order real teeth.
Parallel remedies (you can use several at once)
- Criminal complaint for cruelty (Section 85/86 BNS, former 498A IPC) in serious cases
- Maintenance under Section 144 BNSS (former 125 CrPC)
- Divorce/judicial separation proceedings — DV relief does not require divorce
In an emergency
- 112 (police) · 181 (women’s helpline) · One Stop Centres (Sakhi) in every district for shelter, medical and legal aid
- Free legal aid through the District Legal Services Authority (DLSA) — you do not need money to get a lawyer
This article is general information, not legal advice. For advice on your specific situation, consult a qualified professional.
Frequently asked questions
Can I file a domestic violence case without filing for divorce?
Yes. The DV Act is independent of divorce — you can seek protection, residence and maintenance while the marriage continues, and many women use it precisely to secure safety and finances without ending the marriage.
Can a live-in partner file under the DV Act?
Yes — the Act covers relationships 'in the nature of marriage'. The Supreme Court has upheld live-in partners' rights to protection and maintenance under the Act, evaluated on factors like duration, shared household and social presentation as a couple.
Can I be thrown out of my matrimonial home during the case?
No. The Act gives you the right to reside in the shared household regardless of whose name it is in; courts routinely pass residence orders restraining dispossession, and can even direct the respondent to move out or fund alternate accommodation.
How fast can I get protection?
The law requires the first hearing within 3 days, and Magistrates can pass ex-parte interim protection and residence orders immediately on strong affidavits. In an emergency, go to the police/One Stop Centre first, then the Magistrate.
What if he violates the protection order?
Breach of a protection order is itself a cognizable criminal offence under Section 31 of the Act — report to police for arrest and prosecution, punishable with imprisonment up to one year and/or fine.
