In short. The DV Act gives five kinds of orders: protection orders (s.18), residence orders (s.19), monetary relief (s.20), custody orders (s.21) and compensation (s.22). You apply to the Judicial Magistrate where you live, the respondent lives or the violence happened. Interim relief can be granted on affidavit under s.23, and breaching a protection order is a cognizable offence.
The Domestic Violence Act is a civil remedy run through a criminal court. That combination confuses people. The application under section 12 is not an FIR and nobody is arrested for it; what you get is a set of orders that tell the respondent what he must stop doing, where you can live and what he must pay. Only when a protection order is disobeyed does the criminal side come in, under section 31. Our family and divorce law practice sees the Act used most often alongside a divorce or maintenance case, and this post stays with the orders themselves.
If your question is mainly about the amount of monthly support, read how courts decide interim maintenance for a wife as well. If jewellery and gifts are held back by the in-laws, the separate post on recovering stridhan and dowry articles after separation goes into that in detail.
- The law
- Protection of Women from Domestic Violence Act 2005 and the 2006 Rules
- Where to file
- Judicial Magistrate (Delhi) or Judicial Magistrate First Class (Noida, Ghaziabad)
- Who can apply
- A woman in a domestic relationship: wife, live-in partner, mother, sister, daughter, widow
- Time limit
- No limitation for the section 12 application (Kamatchi, 2022)
- First hearing
- Ordinarily within 3 days of the application reaching court (s.12(4))
- Appeal
- To the Sessions Court within 30 days of the order being served (s.29)
What orders can a magistrate pass under the Domestic Violence Act?
A magistrate hearing a section 12 application can pass five kinds of final orders and any of them on an interim basis. Protection orders stop the violence and contact. Residence orders secure the roof over the woman's head. Monetary orders cover expenses, losses and maintenance. Custody orders decide, for the time being, where the children stay. Compensation orders pay for injury, including mental torture and emotional distress.
These orders can be combined in one application, and in practice they usually are. A typical prayer in a Delhi Mahila Court asks for a protection order against the husband and his parents, a residence order for the matrimonial flat, monthly maintenance for the wife and child, return of stridhan under section 19(8) and a lump sum as compensation. The court is not bound to grant everything asked for; it grants what the evidence supports, and it often grants some interim relief early and leaves the rest for the final hearing.
One more point people miss: section 26 lets a woman ask for the same reliefs in any other pending case, such as a divorce petition in the family court or a civil suit. So if a divorce is already running in the Dwarka or Saket family court, you do not always need a separate DV case to get a residence or protection order. You need it when you want the speed and the enforcement mechanism that the magistrate's court gives.
Who can file a DV case, and against whom?
Any woman who is or has been in a domestic relationship with the respondent can apply. Section 2(f) defines a domestic relationship as two people who live or have at any time lived together in a shared household, related by blood, marriage, a relationship in the nature of marriage, adoption or as members of a joint family. That covers wives, women in long live-in relationships, mothers, sisters, widowed daughters-in-law and daughters.
The Supreme Court in Prabha Tyagi v Kamlesh Devi (2022) held that the woman need not be living with the respondents when she files, as long as the domestic relationship existed and she suffered violence in it. In Hiral P. Harsora v Kusum Narottamdas Harsora (2016) the words "adult male" were struck out of the definition of respondent in section 2(q), so mothers-in-law, sisters-in-law and minors in the household can also be made respondents. Courts still expect specific allegations against each person named. Listing every relative, including a married sister-in-law who lives in another city, with one line of vague accusation against all of them is the fastest way to have those names struck out.
Men cannot file under this Act. A husband facing violence has to use the general criminal law, a civil injunction or the divorce court. A Protection Officer, a service provider or anyone on the woman's behalf can also bring the matter to the magistrate, but the application is hers.
What counts as domestic violence under section 3?
Section 3 is wide. It covers physical abuse, sexual abuse, verbal and emotional abuse (insults, ridicule, name-calling, threats, taunts about not having a son or about dowry) and economic abuse. Economic abuse includes depriving the woman of money she needs for herself or the children, refusing to pay rent for the home she lives in, selling or pawning her stridhan, and stopping her from using things she is entitled to use in the household.
Harassment to meet a dowry demand is expressly included. So is threatening the woman or anyone related to her. The court does not need a medical report of injury before it can find domestic violence, though a medico-legal case record, a police complaint or a message admitting the abuse makes the finding much easier.
What the court looks at in practice is detail. Dates, places, words used, who was present, what happened afterwards. An application that says "the respondents subjected the applicant to cruelty" gives the magistrate nothing to act on. One that says "on 14 March 2026, in the bedroom of the Janakpuri flat, the respondent slapped the applicant and took her phone; her sister reached the flat at 9 pm and saw the mark" does.
The order-making sections of the DV Act
These are the sections you will see quoted in the application and in the order sheet.
Section 18: Protection order
Prohibits the respondent from committing or aiding domestic violence, entering the woman's workplace or the child's school, communicating with her in any form (in person, by phone, email or social media), alienating assets or operating bank lockers and accounts, including her stridhan, and causing violence to her relatives or helpers.
Section 19: Residence order
Restrains the respondent from dispossessing her from the shared household, directs him to remove himself from it, bars his relatives from entering her portion, stops him from selling or renouncing rights in it, or directs him to secure alternate accommodation or pay rent. Section 19(8) lets the court direct return of her stridhan and other property. No order directing a woman to remove herself can be passed under clause (b).
Section 20: Monetary relief
Covers loss of earnings, medical expenses, loss from destruction or removal of property, and maintenance for her and her children, including orders on top of any maintenance under BNSS section 144. The court can order a lump sum or monthly payments and can direct the employer or a debtor of the respondent to pay the woman directly (s.20(6)).
Section 21 and 22: Custody and compensation
Section 21 gives temporary custody of children and can refuse the respondent's visits if they would harm the child. Section 22 orders compensation and damages for injuries, including mental torture and emotional distress.
Section 23: Interim and ex parte orders
The magistrate can pass any interim order that is just. If the application with an affidavit shows a prima facie case of violence or a likelihood of it, orders can be passed ex parte under sections 18 to 22 before the respondent is heard.
Protection orders under section 18: what they actually stop
A protection order is an instruction to the respondent, enforceable by the police. The commonest version simply bars further acts of domestic violence. Courts go further where the facts call for it: no contact by phone or WhatsApp except about the children, no visits to the woman's office, no posts about her on social media, no entry into her parents' house.
Draft the prayer around the actual risk. If the husband has been turning up outside her office in Nehru Place, ask for a bar on entering or waiting outside that building, and give the address. If the problem is the brother-in-law who lives downstairs, name him and say why. A precise order is easier for the beat officer to enforce and harder for the respondent to claim he misunderstood.
The bar on alienating assets and operating lockers in section 18(e) is underused. If the couple has a joint locker at a bank in Rajouri Garden where her jewellery sits, ask the court to stop the husband from operating it until the court decides. A copy of that order sent to the bank branch usually freezes access within days.
Residence orders: can I stay in my in-laws' house?
Yes, if it was the shared household. The Supreme Court in Satish Chander Ahuja v Sneha Ahuja (2020) held that a shared household is the place where the woman lived in a domestic relationship, whether the house belongs to the husband, is rented, or belongs to his parents or the joint family. The earlier view that only a house owned by the husband counted was overruled. Section 17 gives every woman in a domestic relationship a right to reside in the shared household, and she cannot be thrown out except by procedure established by law.
That right is a right of residence, not ownership. Where elderly in-laws own the house and the relationship has broken down badly, courts often balance the two sides by directing the husband to provide alternate accommodation of a similar standard or to pay rent, under section 19(1)(f), instead of forcing everyone to live under one roof. When Advocate B.K. Singh drafts a residence application, he asks the client early on which of these she really wants: to go back into the house, or to have a safe place to live with the children paid for. The prayer, and the evidence, are different for each.
Speed matters. If the woman has been locked out, file for an interim order restraining dispossession and for re-entry, with a photo of the locked door and the police complaint or diary entry. If the husband is trying to sell or mortgage the flat, ask for an order under section 19(1)(d) and, where possible, register a copy with the sub-registrar or send it to the society. Remember the proviso: the court will not order a female relative to leave the house under clause (b), though it can restrain her conduct.
Monetary relief under section 20: what can be claimed?
Section 20 is broader than maintenance. It covers money already lost (medical bills after an assault, wages lost because she had to leave her job, the value of household goods destroyed) and money needed going forward (maintenance for her and the children, school fees, rent). The relief must be adequate, fair and reasonable and consistent with the standard of living she is used to.
The Supreme Court's judgment in Rajnesh v Neha (2020) applies here. Both sides must file affidavits of assets, income and expenditure in the prescribed format, and where maintenance is also being paid in another case (under BNSS section 144, or section 24 of the Hindu Marriage Act), the later court has to take the earlier order into account and adjust. Multiple orders are allowed; double recovery is not. A point Advocate B.K. Singh often makes to clients is that the disclosure affidavit is where most monetary claims are won or lost: an honest, well-documented affidavit with bank statements and bills carries far more weight than a high figure in the application.
Where the respondent stops paying, section 20(6) lets the court direct his employer or a person who owes him money to pay the woman directly and adjust it against his salary or the debt. For a salaried husband in a PSU or a private company, that direction is often more effective than any recovery proceeding. The monetary order is also sent to the local police station under section 20(4).
DV Act orders at a glance
Each order needs its own facts. This is what courts in Delhi NCR usually want to see for each.
| Order | Section | What it does | Evidence that helps |
|---|---|---|---|
| Protection order | 18 | Stops violence, contact, visits to workplace, dealing with assets | Specific incidents, messages, MLC, police complaints, witnesses |
| Residence order | 19 | Protects right to stay; removal of respondent; alternate accommodation or rent | Proof she lived there (Aadhaar, letters, photos), lock-out evidence, ownership papers |
| Return of stridhan | 19(8) | Directs return of jewellery, gifts and valuables | List of articles, wedding photos, bills, locker records |
| Monetary relief | 20 | Expenses, losses, maintenance, rent; employer can be told to pay | Rajnesh affidavit, salary slips, ITRs, bills, school fee receipts |
| Custody order | 21 | Temporary custody of children; can restrict visits | Child's routine, school records, who has been caring for the child |
| Compensation | 22 | Damages for injury, mental torture and emotional distress | Medical and counselling records, nature and length of abuse |
| Interim or ex parte order | 23 | Any of the above before final hearing | Affidavit showing prima facie violence or real risk of it |
How to file a DV case in Delhi, Noida or Ghaziabad
The route is the same in all three places. The court is the Mahila Court or Judicial Magistrate in Delhi's district complexes, and the Judicial Magistrate at the Gautam Buddh Nagar court in Surajpur or the Ghaziabad district court.
Choose the court
Section 27 lets you file where you live (even temporarily, such as your parents' home), where the respondent lives or works, or where the violence happened. Most women file where they are now staying, because they will attend every date.
Approach the Protection Officer or file directly
You can go to the district Protection Officer, who records a Domestic Incident Report (DIR) and forwards it to the court, or file the application through an advocate. Prabha Tyagi makes clear the magistrate need not wait for a DIR before passing orders, though one must be considered if it is filed.
Draft the application and affidavit
The application in Form II sets out the relationship, each incident with dates, the reliefs under sections 18 to 22 and the interim reliefs needed now. A supporting affidavit is needed for any ex parte order under section 23.
Ask for interim relief at the first hearing
The first hearing is ordinarily fixed within three days of the application reaching court. Explain why relief cannot wait: a lock-out, threats, no money for the children. Some magistrates pass ex parte orders the same day; others issue notice and hear both sides briefly first.
Service on the respondent
Notice is served through the Protection Officer or the police. Section 13 expects service within two days. File proof of the respondent's address and, if he is avoiding service, his email and phone number.
Reply, affidavits and counselling
The respondent files a reply and both sides file Rajnesh affidavits. The court may refer the parties to counselling or the court's mediation centre. Use that time; many cases settle there with a lump sum and a mutual divorce.
Evidence and final order
If there is no settlement, evidence is led on affidavit with cross-examination. Section 12(5) asks courts to try to dispose of the case within 60 days of the first hearing. In busy Delhi courts it often takes longer, which is why the interim order matters so much.
Can I get an ex parte order on the first day?
You can, under section 23(2), if the application and affidavit show that violence has happened or is likely. In practice the magistrate wants three things: a clear recent incident, something beyond your word for it (an MLC, a police complaint, a message, photographs, a neighbour's statement), and a reason why waiting for the respondent to appear would cause harm.
Ex parte orders are most often granted for protection (stop the violence, no contact) and for preventing dispossession. Monetary relief is usually ordered after the respondent has had a chance to file his income affidavit, though some courts fix a modest interim amount at once where children are involved and there is no money at all.
If you are the respondent and an ex parte order has been passed against you, do not ignore it and do not breach it. Appear on the next date, file your reply and ask the court to modify the order under section 25. Breaching it, even when you think it is unfair, turns a civil dispute into a criminal case against you.
Documents to gather before filing
You do not need all of these. Bring what you have; the advocate will tell you what is missing.
Relationship and residence
- Marriage certificate, wedding card or photographs
- Aadhaar, voter ID or letters showing the shared household address
- Rent agreement or ownership papers of the house, if available
- Children's birth certificates and school ID cards
Violence and threats
- MLC or hospital records after any injury
- Police complaints, PCR call details, CAW Cell complaint
- WhatsApp messages, emails, call recordings, screenshots with dates
- Names and numbers of people who saw or heard incidents
Money and property
- Your and the respondent's salary slips, ITRs, bank statements
- Household bills, school fee receipts, medical bills, rent
- List of stridhan with photographs, bills and locker details
- Details of the respondent's employer and assets
A made-up example: locked out in Dwarka
Here's a made-up example. Meera, 31, lived with her husband and his parents in a flat in Dwarka Sector 12 owned by her father-in-law. After a quarrel over money in August 2026, she went to her sister's house in Uttam Nagar with her five-year-old son. When she came back two days later, the lock had been changed and her son's school bag was inside. Her husband's messages said she could come back only if her father paid for a car.
Her advocate filed a section 12 application at the Dwarka court complex, where she was staying, with an affidavit, the messages, a photo of the changed lock and the PCR call record. At the first hearing the magistrate passed an ex parte order restraining the respondents from dispossessing her and from any act of violence, and directed the Protection Officer to help her collect her and the child's belongings. Monetary relief was kept for the next date, after both sides filed income affidavits.
At the next hearing the father-in-law produced the title deed and said he did not want his son's wife in the house. The court, following Satish Chander Ahuja, accepted that the flat was the shared household but directed the husband to pay rent for a two-bedroom flat nearby and monthly maintenance for Meera and the boy, instead of ordering her back into the same rooms. That is the kind of practical balance these cases often reach.
What happens if the respondent breaches the order?
Breach of a protection order or an interim protection order is an offence under section 31, punishable with imprisonment up to one year, a fine up to ₹20,000, or both. Section 32 makes it cognizable and non-bailable. The woman can report the breach to the police or the Protection Officer, and the magistrate can take cognizance. Her own testimony is enough for the court to conclude that the offence has been committed.
Non-payment of monetary relief is enforced differently. The court can direct the employer to pay, issue warrants for recovery as for a fine, and in appropriate cases treat wilful non-payment as a breach. Keep a simple record: dates of each instalment, amount paid, and screenshots of any refusal. A breach petition with a clean table of arrears gets listed and heard far faster than a general complaint.
How long do DV orders last, and can they be changed or appealed?
A protection order lasts until the woman applies to have it discharged, unless the court fixes a shorter period. Under section 25 either side can apply to alter, modify or revoke any order on a change in circumstances: a new job, a settlement, the woman moving to another city, the children growing older. Do not stop complying because circumstances changed; apply first.
An appeal lies to the Court of Session within 30 days from the date the order is served on the aggrieved person or the respondent, whichever is later (section 29). Interim orders can also be challenged, though sessions courts are slow to interfere with a reasoned interim order. The High Court's inherent power under BNSS section 528 is available but is used sparingly in DV matters, because the proceedings are largely civil in nature and the Act gives its own remedies.
How does a DV case fit with divorce, maintenance and criminal cases?
The DV Act does not replace other remedies. Section 36 says it is in addition to other laws. A woman can have a DV case, a maintenance petition under BNSS section 144 and a cruelty complaint under BNS section 85 running at the same time, and the husband can have a divorce petition pending in the family court. Courts manage the overlap by adjusting maintenance orders and by using section 26 so that the family court can pass DV-type reliefs itself.
Too many parallel cases can work against the woman. Each one needs attendance, each one gives the other side a chance to cross-examine her, and a contradiction between the DV application and the FIR will be used in every forum. Before filing a fresh case, think about what it adds. If you face a cruelty FIR on the husband's side, the post on options for the husband's family in a section 85 BNS case covers that ground, and mediation in Delhi family courts explains how many of these overlapping cases are settled together.
Mistakes that weaken a DV application
- Vague allegations. "Mental and physical cruelty" without a single date, place or incident gives the court nothing to order on.
- Naming every relative. Distant relatives with no role in the household are usually dropped, and their presence makes the whole application look exaggerated.
- Inflated income claims. Saying the husband earns ₹5 lakh a month without any basis undermines the rest of the affidavit. Ask for his ITRs and bank statements instead.
- Contradictions across cases. The DV application, the police complaint and the maintenance petition must tell the same story. Get them drafted by the same team or at least read together.
- Leaving the house without the papers. If you can safely take your Aadhaar, bank documents, children's certificates and jewellery list when you leave, do.
- Ignoring the first date. Interim orders are decided early. Missing the first two dates can mean months without relief.
If you are the respondent: answering a DV application
A DV notice is not an arrest warrant. You will be asked to appear and reply. File a reply that answers each incident specifically, file your income affidavit honestly with documents, and comply fully with any interim order while you contest it. Courts notice a respondent who pays the interim amount on time and attends every date.
Where allegations are false, the remedy is evidence, not counter-attack. Messages showing the actual sequence of events, travel records showing you were elsewhere, and witnesses from the household carry weight at the final hearing. On residence, if the house belongs to your parents, place the title on record and offer reasonable alternate accommodation; courts frequently accept such offers. If there is an FIR as well and you fear arrest, the bail lawyer page explains anticipatory bail, which is a separate question from the DV case.
What to do this week
- If you are in danger, call 112 or the women's helpline 181 first; the court process comes after safety.
- Write down each incident with date, place, what was said or done and who saw it.
- Save messages and call logs to a second device or email account the respondent cannot access.
- Get a medical examination and keep the MLC if you were injured.
- Collect proof of where you lived and of the respondent's income and employer.
- Make a list of your stridhan with any photos and bills.
- Decide what you want: to return to the house, alternate accommodation, maintenance, custody, or all of these.
- Meet an advocate before the first hearing so the interim prayers are framed correctly.
Getting the papers read before you file
Most DV cases are decided by the first two hearings, when interim orders are made, and by the quality of the affidavit filed with the application. If you want an advocate to read your messages and documents and tell you which orders to ask for first, the team of Advocate B.K. Singh at B.K. Singh & Associates can review them through the enquiry page. For a wider view of separation and divorce in the capital, see our page on divorce cases in Delhi.
Frequently asked questions
Can a DV case be filed after divorce?
Yes, if the violence happened while the domestic relationship existed. A divorced woman can seek reliefs such as return of stridhan, compensation or monetary relief for that period. A residence order is harder after divorce, because the right to reside depends on the domestic relationship.
Is there a time limit to file under the Domestic Violence Act?
No. In Kamatchi v Lakshmi Narayanan (2022) the Supreme Court held that the limitation under the criminal procedure code does not apply to a section 12 application. Limitation applies only to prosecution for breach of an order. Long delay can still affect how the court views the allegations.
Does a DV case lead to arrest of the husband?
Not by itself. A section 12 application asks for civil-type orders and there is no arrest on filing. Arrest becomes possible only if a protection order is breached, which is a cognizable, non-bailable offence under sections 31 and 32.
Can my mother-in-law be a respondent in a DV case?
Yes. After Hiral Harsora (2016), women and non-adult relatives can be respondents. The application must still state specific acts by her; general allegations against all in-laws are often struck out.
Can I claim residence in a house owned by my father-in-law?
Yes, if you lived there as part of the household. Satish Chander Ahuja (2020) held that a shared household need not be owned by the husband. The court may instead order alternate accommodation or rent if living together is not workable.
Is a Domestic Incident Report compulsory?
No. The magistrate can pass interim and final orders without a DIR, as the Supreme Court said in Prabha Tyagi (2022). If a Protection Officer has prepared a DIR, the court must consider it.
Can a live-in partner file under the DV Act?
Yes, if the relationship was in the nature of marriage. Courts look at things like the length of cohabitation, a shared household, pooling of resources and holding out as a couple. Casual or short relationships usually do not qualify.
Can I get maintenance in both a DV case and a section 144 case?
You can have orders in both, but you cannot recover twice for the same need. Under Rajnesh v Neha (2020) the second court takes the first order into account and adjusts the amount. Tell each court about the other case.
What if the husband lives abroad?
You can still file where you live in India. Notice can be served at his last address, by email or through his family, and the court can proceed if he does not appear. Enforcing a monetary order abroad is harder, so assets in India and directions to his employer matter.
Can a DV case be withdrawn after settlement?
Yes. The woman can withdraw the application, usually recording the settlement terms before the court or the mediation centre. Where settlement involves payment in instalments, many advocates keep the case pending until the final payment.
What can the husband do if the DV allegations are false?
Reply to each allegation with evidence, comply with interim orders while contesting them, and apply under section 25 to modify orders that are unjustified. Appeal to the Sessions Court within 30 days if a final order is wrong. A false case can also be shown up through cross-examination at the evidence stage.
Which court handles DV cases in Noida and Ghaziabad?
In Noida the application goes to the Judicial Magistrate at the Gautam Buddh Nagar district court in Surajpur, and in Ghaziabad to the Judicial Magistrate at the Ghaziabad district court. You can also file in Delhi if you now live there, since section 27 allows filing where the woman resides, even temporarily.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.