2025-12-27

Domestic Violence in India Rights, Examples, and Step-by-Step Legal Remedies

Summary of the Article

• Domestic violence in India includes physical, emotional, verbal, sexual, and economic abuse within a household. 

• The Protection of Women from Domestic Violence Act, 2005 provides legal remedies such as protection orders, residence rights, monetary relief, custody orders, and compensation. 

• Victims can seek help through police, magistrate courts, protection officers, or support services.

Domestic violence cases are emotionally overwhelming. Many people hesitate to act because they feel uncertain about their rights or worry that the system may not help them. These concerns are understandable.

Indian law provides strong protections and clear procedures. You are not expected to handle everything alone. The legal system, protection officers, and service providers are trained to support victims with dignity and safety.

What Indian the Law Says 

The core legislation for domestic violence cases is the Protection of Women from Domestic Violence Act, 2005 (DV Act). The Act covers married women, women in live-in relationships, mothers, sisters, widows, and any woman living in a domestic relationship.

Forms of Domestic Violence Recognised by Law

1. Physical Abuse

   Physical abuse includes any act causing bodily pain or injury, such as hitting, beating, pushing, kicking, choking, or using force. Even a single incident or threat of physical harm is sufficient under law.

2. Verbal and Emotional Abuse

   This covers conduct that harms a woman’s mental well-being or dignity, including insults, humiliation, threats, name-calling, constant criticism, or controlling behaviour that creates fear or emotional distress.

3. Sexual Abuse

   Sexual abuse involves forced, unwanted, or degrading sexual conduct, including acts performed without consent. The law recognises a woman’s right to bodily autonomy and dignity within domestic relationships.

4. Economic Abuse

   Economic abuse refers to denying financial support or controlling money and resources. This includes preventing employment, withholding maintenance, restricting access to essentials, or taking a woman’s income or property.

5. Threats and Intimidation

   This includes threats of harm, eviction, or false complaints, as well as conduct intended to create fear or force compliance. Repeated intimidation affecting safety or freedom is recognised as domestic violence.

Who Can Be Held Responsible?

• Husband

• In-laws

• Relatives living in the household

• Partners in a live-in relationship

The Act aims to ensure safety, not punishment. It provides civil remedies that work along with criminal laws if required.

Challenges / Misuse / Practical Realities

Domestic violence cases often involve sensitive facts and complex family dynamics. Courts therefore proceed carefully.

Common challenges include:

1. Lack of Immediate Documentation

Victims may not have medical or photographic evidence of early incidents.

2. Social Pressure and Dependence

Many fear backlash or financial instability if they report abuse.

3. Misunderstanding of Reliefs

Some believe that filing under the DV Act means ending the marriage. It does not.

4. False or Exaggerated Claims

Courts remain alert to situations where domestic violence claims are made tactically during marital disputes.

5. Delay in Reporting

Delays are common and understandable. Courts accept that victims may wait before taking legal steps.

The legal system focuses on safety, fairness, and verifiable facts.

Step-by-Step Remedies / Actions

A. Immediate Steps for Safety (First 24–72 Hours)

1. Contact the Police (100 / 112): You may file an FIR if there is assault, threats, or criminal intimidation.

2. Reach Out to a Protection Officer: They help file the DV case and connect you to shelters or medical care.

3. Get Medical Examination: Doctors can document injuries, which becomes strong evidence.

4. Preserve Evidence: Save messages, audio recordings, threatening calls, photos of injuries, or damaged property.

B. Filing a Case Under the Domestic Violence Act

A DV case is filed before the Magistrate. You can file it directly, or through a Protection Officer, lawyer, NGO, or service provider.

Reliefs You Can Claim

1. Protection Order- Prevents further violence, threats, or contact.

2. Residence Order- You cannot be removed from the shared household. Courts may also direct the respondent to arrange alternate accommodation.

3. Monetary Relief- Covers medical expenses, loss of earnings, maintenance, and damages.

4. Compensation Order- Awarded for mental torture, emotional abuse, and pain.

5. Custody Orders- Temporary custody for children if required for their safety.

6. Return of Stridhan and Property- Courts may direct the return of jewellery, documents, and belongings.

C. Parallel Remedies Available

1. FIR for Physical Assault or Threats- Sections 498A, 323, 506 IPC may apply depending on facts.

2. Maintenance Proceedings- Claim support under Section 125 CrPC or personal laws.

3. Divorce or Judicial Separation- If you wish to end the marriage, this can be filed separately.

These processes can run at the same time.

D. Evidence That Helps Your Case

• Medical reports and injury notes

• Photos and videos

• Audio recordings of threats

• Messages, emails, chats

• Neighbour or family witness accounts

• Financial records showing deprivation

• Stridhan lists and receipts

• Police complaints or helpline calls

Courts accept a combination of documents, witness statements, and circumstances.

Constitutional and Social Perspective

Articles 14, 15, and 21 of the Constitution protect equality, dignity, and personal liberty. The DV Act is designed to uphold these rights by ensuring that women in domestic spaces are protected from harm.

The goal is not to break families but to stop violence, preserve dignity, and ensure secure living conditions.

Final Verdict

Domestic violence law in India provides strong protection and multiple remedies. You have the right to safety, shelter, financial support, and a dignified life. Courts consider each case carefully, looking for clear evidence and focusing on practical relief.

At Family Kanoon, we remind clients that acting early and gathering structured evidence makes the process smoother and improves outcomes. You are not alone — the law is designed to support you, step by step.