Domestic Violence Act 2005: Protection Orders, Maintenance and Reliefs
Quick Answer
The Protection of Women from Domestic Violence Act, 2005 is a civil law that gives a woman in a domestic relationship the right to protection orders, residence in the shared household, maintenance, custody, and compensation, without her having to file a criminal case. It covers not only physical…
The Protection of Women from Domestic Violence Act, 2005 is a civil law that gives a woman in a domestic relationship the right to protection orders, residence in the shared household, maintenance, custody, and compensation, without her having to file a criminal case. It covers not only physical abuse but also emotional, sexual, verbal, and economic abuse.
The Act is often confused with Section 498A (cruelty), but they are very different: the DV Act is largely civil and relief-oriented, while 498A is a criminal offence. In matters before the courts around Lucknow, many women use the DV Act to secure a home and maintenance quickly. This guide explains who can file, the reliefs available, and how the DV Act differs from 498A, with support through our family and divorce service.
Table of Contents
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Who Can File and What Counts as Domestic Violence
The Act is protective and broad in what it covers. An aggrieved woman in a domestic relationship, living or having lived in a shared household, can invoke it.
- Who can file: A wife, a woman in a live-in relationship, a mother, a sister, or any woman in a domestic relationship with the respondent.
- Physical abuse: Assault or any act causing bodily pain or harm.
- Emotional and verbal abuse: Insults, humiliation, and threats.
- Sexual abuse: Sexual conduct that abuses or degrades.
- Economic abuse: Depriving a woman of financial resources, stridhan, or the shared household.
This wide definition is what makes the Act powerful. Where a marriage is also breaking down, the DV Act reliefs often run alongside divorce and maintenance proceedings.
The Reliefs a Court Can Grant
The DV Act allows a Magistrate to pass several kinds of orders, often quickly, to protect the woman.
| Section | Relief |
|---|---|
| Section 18 | Protection order restraining further violence |
| Section 19 | Residence order securing the right to live in the shared household |
| Section 20 | Monetary relief, including maintenance and expenses |
| Section 21 | Custody order for children |
| Section 22 | Compensation for injuries, including mental torture |
The residence order is one of the most important, because it protects a woman from being thrown out of her home. These civil reliefs can be obtained without launching a criminal prosecution, which is a key practical advantage. For the meaning of terms used here, see our legal glossary.
Domestic Violence Act Versus Section 498A
People often ask whether to use the DV Act or Section 498A. They serve different purposes and can be used together.
| Feature | DV Act 2005 | Section 498A (now BNS 85) |
|---|---|---|
| Nature | Largely civil, relief-oriented | Criminal offence |
| Main aim | Protection, residence, maintenance | Punishment for cruelty |
| Who can be proceeded against | The respondent in a domestic relationship | Husband and his relatives |
| Outcome | Protection and monetary orders | Investigation, possible arrest and trial |
Because the DV Act is civil and quick, many women use it to secure a home and maintenance, while a 498A complaint is a separate criminal route. For the criminal side and defences, see our guides on 498A defence strategy and 498A quashing. Choosing the right combination is a matter for advice on your facts.
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About the Author
Advocate Onkar Pandey (Bar Council of UP enrolment number UP 4825-1999) practises before the Allahabad High Court, Lucknow Bench, with a focus on family law, domestic violence, maintenance, and matrimonial disputes across Lucknow and the wider Awadh region. He represents both women seeking protection and maintenance under the DV Act and respondents facing such proceedings, and advises on how the DV Act and Section 498A interact.
Chamber A-406, High Court, Lucknow, Awadh Bar, UP 226001. Phone +91 98392 71553. Email advonpandey@gmail.com. This article is general legal information and not a substitute for advice on your specific facts. To discuss a domestic violence or maintenance matter, please use the contact page.
Frequently Asked Questions
What is the Domestic Violence Act 2005?+
It is the Protection of Women from Domestic Violence Act, 2005, a largely civil law that gives a woman in a domestic relationship the right to protection orders, residence in the shared household, maintenance, custody, and compensation. It covers physical, emotional, verbal, sexual, and economic abuse.
Who can file a case under the Domestic Violence Act?+
Any aggrieved woman in a domestic relationship who lives or has lived in a shared household with the respondent can file, including a wife, a woman in a live-in relationship, a mother, or a sister. The Act protects women in domestic relationships, not only wives.
What reliefs can be granted under the DV Act?+
A Magistrate can grant a protection order (Section 18), a residence order securing the right to live in the shared household (Section 19), monetary relief including maintenance (Section 20), a custody order (Section 21), and compensation (Section 22).
What is the difference between the DV Act and Section 498A?+
The DV Act is largely civil and aims at protection, residence, and maintenance, while Section 498A, now Section 85 BNS, is a criminal offence aimed at punishing cruelty. The DV Act gives quick civil reliefs without a criminal prosecution, and the two can be used together.
Is the Domestic Violence Act only for married women?+
No. The Act protects any woman in a domestic relationship, including a woman in a live-in relationship, a mother, or a sister, not only a wife. The key requirement is a domestic relationship and a shared household.
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Disclaimer: This article is for general information purposes only and does not constitute legal advice. Every case is unique and requires specific legal analysis. For advice specific to your situation, please consult Advocate Onkar Pandey or another qualified attorney in Lucknow.