How to File a Domestic Violence Case in India

Domestic violence is a serious issue affecting countless individuals across India. It includes physical, emotional, sexual, or economic abuse within a domestic setting, usually by a spouse or family member. The Indian legal system provides strong protections under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

This guide explains how to file a domestic violence case in India, the legal process, and the rights available to victims.

What is Domestic Violence in India?

Domestic violence refers to any act, conduct, or omission by a family member that:

• Causes physical harm (beating, hitting, burning, etc.)
• Causes emotional or psychological harm (insults, threats, harassment)
• Sexual abuse (marital rape, forced sexual activity)
• Economic abuse (denying access to money, employment, or property)

The law is designed to protect women living in households that include spouse, partner, relatives, or in-laws.

Legal Provisions for Domestic Violence

• Protection of Women from Domestic Violence Act, 2005 (PWDVA) – Main law protecting women from domestic abuse.
• Section 498A of Indian Penal Code (IPC) – Punishes cruelty by husband or relatives.
• Sections 323, 324, 506, 376 IPC – Address physical assault, criminal intimidation, and sexual violence.

Steps to File a Domestic Violence Case in India

Step 1: Reach Out for Help

• Contact local women’s helplines or NGOs.
• Collect evidence such as medical reports, photographs, threatening messages, or witness statements.

Step 2: File a Complaint

• You can file a complaint at the police station or directly approach the Protection Officer under PWDVA.
• The complaint can be filed in writing or orally. The Protection Officer will record it.

Step 3: Protection Officer & Temporary Orders

• The Protection Officer may apply for temporary protection orders to:
  • Evict the abusive family member from the home
  • Prohibit harassment or contact
  • Provide interim maintenance

Step 4: Filing a Domestic Violence Case in Court

• File an application in the Family Court or Magistrate Court under PWDVA.
• Attach all evidence and documents supporting your case.
• The court can issue:
  • Protection orders
  • Monetary relief (maintenance)
  • Custody of children (if applicable)

Step 5: Investigation & Hearings

• The court may summon the accused for questioning.
• Both parties present evidence and witnesses.
• Protection officers may provide reports to the court.

Step 6: Final Order

• The court passes a final order after hearing both parties.
• Remedies may include:
  • Permanent protection orders
  • Compensation or damages
  • Custody arrangements for children
  • Monetary relief and support

Documents Required to File a Domestic Violence Case

• Identity proof (Aadhaar, PAN, Passport)
• Address proof (Voter ID, electricity bill, rental agreement)
• Medical reports and hospital records
• Photographs of injuries or property damage
• Threatening messages, emails, or call records
• Witness statements (if available)

Tips for Victims

• Keep copies of all evidence.
• Avoid confronting the abuser directly.
• Seek legal aid from NGOs or government legal services.
• Stay in safe accommodations if necessary.

Conclusion

Filing a domestic violence case in India is a legal right for all women. The law provides multiple protections under PWDVA and IPC, ensuring safety, maintenance, and justice. Early action, proper documentation, and legal support can help victims secure relief and protection.