Domestic Violence Complaint in India: The PWDVA 2005 Process Explained (2026)

How-To Guide · Family Law

Updated for 2026 · Claw Editorial

An aggrieved woman can seek protection, residence, maintenance and custody orders under the Protection of Women from Domestic Violence Act 2005 (PWDVA). She can approach a Protection Officer, the police, a service provider, or go directly to the Magistrate. It is a civil remedy, with criminal consequences if the orders are breached. This guide explains the process step by step, in simple English. Last verified: October 2026.

01The problem: most women do not know where to start

A woman facing abuse at home often does not know which door to knock on. Should she go to the police? Should she file an FIR? Should she hire a lawyer first? Will she lose her home if she complains? These fears stop many people from acting.

The PWDVA 2005 was written to answer exactly this. Its main aim is quick, practical protection: stop the violence, keep a roof over her head, and make sure she has money to live on. It does not require her husband or partner to be jailed first. The case is heard by a Magistrate, and the focus is on relief, not punishment.

For advocates, the Act raises its own practical questions. What goes into the application? What can be asked for at the first hearing? How do you prove the domestic relationship? This guide covers both views.

02Who can file, and against whom

The Act protects an “aggrieved person”. This means a woman who is, or has been, in a domestic relationship with the respondent and who says she faces domestic violence.

Who counts as an aggrieved woman

• A wife.
• A woman in a relationship in the nature of marriage (live-in relationship).
• A mother, sister, daughter or other female family member living in the shared household.

Who can be named as a respondent

The respondent is usually the husband or male partner. The Act also allows relatives of the husband or male partner to be named. The Supreme Court has held that the word “adult male” in the definition of respondent is not a limit, so female relatives can also be named.

What counts as domestic violence

The Act defines domestic violence widely. It covers:

• Physical abuse: beating, pushing, or any act that causes bodily harm.
• Sexual abuse: forced sexual acts or humiliation of a sexual nature.
• Verbal and emotional abuse: insults, ridicule, taunts, and threats.
• Economic abuse: denying money, food or access to the household, or taking away her stridhan or salary.
• Dowry harassment: unlawful demands for dowry or property, by her or her relatives.

She does not need to show serious injury. A pattern of abuse or the threat of it can be enough.

03Where you can approach

There is no single door. The Act gives several, and any of them can start the process.

• Protection Officer (PO): an officer appointed by the State to help the woman. The PO helps prepare the Domestic Incident Report and the court application, and can arrange shelter and medical help.
• Police: police must inform the woman of her rights under the Act, and of the free services available. If an offence like cruelty is also made out, they can register an FIR.
• Service provider: a registered NGO or similar body that can record the incident, give medical or shelter help, and send a report to the Magistrate.
• Directly to the Magistrate: she, or an advocate for her, can file the application herself. No prior report is compulsory.

She can also use free legal aid through the District Legal Services Authority if she qualifies. See NALSA for details.

04The step-by-step process

Here is how a typical PWDVA case moves. The exact forms and local practice differ by State, so always check with the local court.

Step 1: Gather basic facts and documents

Write down dates, places and what happened. Collect any proof: medical reports, photos, messages, call records, bank statements, marriage proof, and details of income and property. Proof helps, but the woman’s own account is the starting point, so do not wait for perfect documents.

Step 2: Domestic Incident Report (DIR)

If she goes to a Protection Officer or service provider, they record her complaint in a Domestic Incident Report. This is a prescribed form that sets out the facts of the abuse and the help she wants. It is then sent to the Magistrate. The DIR is useful, but a court can still act on an application filed directly.

Step 3: File the application under section 12

The application under s.12 goes to the Magistrate (a Judicial Magistrate First Class or Metropolitan Magistrate with jurisdiction). It can be filed by the aggrieved woman, a PO, or anyone on her behalf. It should state the relationship, the acts of violence, the shared household, and each relief sought. Ask for all reliefs you may need, because the court looks at what is claimed.

Step 4: First hearing and notice

The Magistrate fixes the first date, normally within three days of receiving the application, and notice is served on the respondent. The Act sets a target to decide the application within 60 days of the first hearing. In practice, many cases take longer.

Step 5: Counselling and protection officer report

The Magistrate may ask for a counsellor to speak with the parties. The court may also direct a welfare expert to help. This stage can help settle the matter, but a woman is never forced to compromise.

Step 6: Interim and ex parte orders

Early relief matters most. Section 23 lets the Magistrate pass interim orders while the case continues. If the Magistrate is satisfied that violence has happened or is likely, an order can be passed even without hearing the respondent first (ex parte). Use this when there is immediate danger or a threat of eviction.

Step 7: Reply, evidence and final order

The respondent files a reply. Both sides may give affidavit evidence, and the court may decide on affidavits without a full trial. The Magistrate then passes a final order granting some or all reliefs, or rejecting the application.

Step 8: Enforcement and appeal

The orders stay in force until the woman applies to discharge them. An appeal from a Magistrate’s order lies to the Court of Session, within 30 days of the order being served on the appellant.

05Reliefs available under the Act

A Magistrate can pass several types of orders. Together they cover safety, housing, money and children.

These reliefs sit alongside, not in place of, other remedies. Maintenance under the Act does not stop her from also claiming maintenance elsewhere, though courts take earlier awards into account.

What if the respondent breaks the order

A breach of a protection order is an offence. It can lead to imprisonment of up to one year, a fine of up to Rs 20,000, or both. This is the criminal side of an otherwise civil law. The Act also treats the breach as cognizable and non-bailable.

06How the PWDVA differs from s.498A IPC

Many people mix up these two laws. They do different jobs, and a woman can use both.

In short, the PWDVA helps a woman live safely and get support now. Section 498A punishes the cruelty. Since 1 July 2024, the Bharatiya Nyaya Sanhita has replaced the IPC, and the offence of cruelty by husband or relatives now appears as s.85 BNS.

A PWDVA application is not a substitute for an FIR when a criminal offence is also made out. An advocate should explain the choice clearly to the client. Our guide on section 498A and the BNS covers the criminal side in detail.

07Common mistakes to avoid

• Asking for too little: list every relief you need in the s.12 application. Ask for protection, residence, money and custody where relevant.
• Weak shared household facts: clearly show where she lived and her right to stay there. This decides the residence order.
• Vague allegations: give dates, places and specific acts, not general statements.
• Naming relatives without basis: naming distant relatives with no role can weaken the case and invite pushback.
• Missing hearing dates: these cases run in parallel with maintenance, custody and sometimes criminal matters. A missed date can cost an interim order.
• Not asking for interim relief: if there is danger, press for a s.23 order at the first hearing.

Many of these matters run alongside other family cases. Firms that handle many such files often need a structured way to manage them, as discussed in our guide to family law practice management software.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Claw does not file a domestic violence case for anyone, and it is not a substitute for a Protection Officer, a lawyer, or the court. For an advocate who handles these matters, its value is in the work around the case. Court dates, interim order deadlines, and multiple linked matters (PWDVA, maintenance, custody and criminal complaints) are easy to lose track of. Claw’s case management tracks hearings and sends WhatsApp and email alerts, and its case search helps you find relevant judgments quickly with verified citations.

Claw does not use customer case documents to train AI models. See clawlaw.in.

09Sources and further reading

• The Protection of Women from Domestic Violence Act 2005 (NCW copy)
• India Code (official bare acts)
• National Legal Services Authority (free legal aid)
• Claw

This guide is general information and not legal advice. Last verified October 2026. Procedure and forms vary by State, so confirm with the local court or a qualified advocate.

10Frequently asked questions