The Protection of Women from Domestic Violence Act, 2005 (PWDV Act) is a landmark legislation that provides comprehensive civil protection to women who are or have been in domestic relationships and have experienced domestic violence. Domestic violence under the Act is broadly defined to include physical, sexual, verbal, emotional, and economic abuse. The Act's remedies — administered by Magistrates — are civil in nature and are designed to be swift, accessible, and effective without requiring the woman to initiate criminal prosecution.
Who can file: Any "aggrieved person" — defined as a woman who is or has been in a domestic relationship with the respondent and alleges domestic violence — can file an application under the Act. The respondent can be a husband, male or female live-in partner, or any male member of the shared household. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court struck down the restriction limiting respondents to males, enabling complaints against female relatives of the husband as well.
Types of relief: The Magistrate can grant: (1) Protection Order — prohibiting the respondent from committing domestic violence, entering the shared household, or communicating with the aggrieved person; (2) Residence Order — directing the respondent to secure alternative accommodation or restraining them from dispossessing the woman; (3) Monetary Relief — covering loss of earnings, medical expenses, and maintenance; (4) Custody Order — granting temporary custody of children; (5) Compensation Order — for mental torture and emotional distress. Interim orders can be granted ex parte if the Magistrate is satisfied that the aggrieved person faces imminent danger.
The right to reside in the shared household: Section 17 of the PWDV Act gives every woman in a domestic relationship the right to reside in the shared household regardless of whether she has any right, title, or beneficial interest in it. The Supreme Court in Satish Chander Ahuja v. Sneha Ahuja (2020) held that a woman can assert her right under Section 17 even against the property of her parents-in-law.
Criminal remedies alongside the Act: The PWDV Act's civil remedies do not preclude criminal remedies. A woman can simultaneously file: (i) a complaint under Section 85 BNS (erstwhile Section 498A IPC) for cruelty by husband or relatives; (ii) a complaint for dowry demands under the Dowry Prohibition Act, 1961. The Protection Officer appointed under the PWDV Act assists the aggrieved person in preparing applications and monitoring compliance with Magistrate's orders.