Rights Under Domestic Violence Act 2005
What you need to know
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a civil law that protects women from physical, emotional, sexual, verbal, and economic abuse by a husband, partner, or any male relative in a shared household. It gives women the right to continue living in the shared home, claim maintenance, seek custody of children, and obtain protection orders — all through a fast-track Magistrate's court. The law applies to married women, women in live-in relationships, sisters, mothers, and daughters living in the same household. Complaints are handled by Protection Officers appointed under the Act, and proceedings are meant to be disposed of within 60 days.
Your rights
Right to reside in the shared household — you cannot be evicted without a court order
Right to a Protection Order stopping the abuser from contacting or harming you
Right to monetary relief — maintenance, medical expenses, loss of earnings
Right to free assistance from a Protection Officer and legal aid
What you should do now
Action firstContact a Protection Officer immediately
- Visit your nearest District Women & Child Development office — Protection Officers are stationed there
- Call the Women Helpline: 181 (national) or 1091 for police assistance
- You can also approach any Magistrate (JMFC) directly under Section 12 PWDVA
File a Domestic Incident Report (DIR)
- The Protection Officer will prepare a DIR documenting the incidents of abuse
- Collect evidence: photos, medical reports, WhatsApp messages, witness names, bank statements showing economic abuse
Apply for urgent interim orders from the Magistrate
- File for a Protection Order (Section 18) to stop contact/harassment immediately
- Apply for a Residence Order (Section 19) to stay in or return to the shared home
- Claim monetary relief (Section 20) and custody of minor children (Section 21) in the same application
Follow up and seek long-term relief
- Attend Magistrate hearings — proceedings must conclude within 60 days
- Apply for free legal aid at your District Legal Services Authority (DLSA) if you cannot afford a lawyer
- If criminal acts occurred (assault, rape, dowry demand), file a separate FIR under IPC Section 498A / 376
Acts applicable
Protection of Women from Domestic Violence Act
centralSections 12, 17, 18, 19, 20, 22
Code of Criminal Procedure
centralSection 125 — maintenance (often filed alongside)
Indian Penal Code
centralSection 498A — cruelty by husband/relatives