By S&S Co. Advocates & Solicitors · Published 20 September 2026 · Informational content, not legal advice — see our disclaimer
Filing Routes
Governed by the Protection of Women from Domestic Violence Act, 2005, a complaint can be filed through a Protection Officer, a registered service provider, a police station, or directly before the Judicial Magistrate or Magistrate of First Class of the area. On receiving a complaint, the Protection Officer prepares a Domestic Incident Report under Sections 9 and 12 and forwards copies to the Magistrate, the local police, and service providers.
A Broad Definition of 'Domestic Relationship'
'Domestic relationship' under the Act extends beyond marriage to relatives by consanguinity, relationships 'in the nature of marriage' — including live-in partners — and other shared-household occupants, broadening who can seek relief well beyond a purely marital context. The aggrieved person must be informed of her right to apply for the various forms of relief the Act provides, as well as her right to free legal aid.
The Reliefs Available
The Act provides for a Protection Order under Section 18, a Residence Order under Section 19, Monetary Relief under Section 20, a Custody Order under Section 21, and a Compensation Order under Section 22 — a fuller suite of civil remedies than maintenance alone, addressing the different practical needs of someone actually facing ongoing domestic violence, from safety to housing to finances to child custody.
Statutory Timelines — In Practice, Directory
The Act envisages an expedited timeline: the Magistrate is to fix the first hearing within 3 days of the application being presented, and endeavour to dispose of each application within 60 days of the first hearing. These timelines are directory under the Act's own text but are frequently not met in practice, so applicants should treat them as an aspiration the Act sets rather than a guaranteed outcome.
Breach of a Protection Order Is a Criminal Offence
Breach of a Protection Order is a cognizable, non-bailable criminal offence under Section 31, carrying imprisonment up to 1 year and/or a fine up to Rs. 20,000, separate from the civil relief proceedings themselves — giving a Protection Order real, criminally enforceable teeth beyond its civil character.
Frequently Asked Questions
Who can file a complaint under the PWDVA?
A complaint can be filed through a Protection Officer, a registered service provider, a police station, or directly before the Judicial Magistrate of the area. 'Domestic relationship' extends beyond marriage to relatives, live-in partners, and other shared-household occupants.
What kinds of relief can I seek under the Act?
A Protection Order (Section 18), Residence Order (Section 19), Monetary Relief (Section 20), Custody Order (Section 21), and Compensation Order (Section 22) — a broader suite of civil remedies than maintenance alone.
What happens if someone breaches a Protection Order?
It is a cognizable, non-bailable criminal offence under Section 31, carrying imprisonment up to 1 year and/or a fine up to Rs. 20,000, separate from the underlying civil proceedings.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Protection of Women from Domestic Violence Act, 2005, Sections 9, 12, 18-22 and 31, as amended.