Domestic Violence Law in India: Protection Orders & Legal Remedies in Chandigarh
Domestic violence is a serious crime under Indian law. If you or someone you know is facing violence, abuse, or harassment at home, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides powerful and fast legal remedies. This guide explains the law, who can file, the types of orders available, and the process in Chandigarh.
What is Domestic Violence Under the PWDVA?
The PWDVA defines domestic violence very broadly — it is not limited to physical violence. "Domestic violence" under the Act includes:
Physical abuse: Any act or conduct that is of such a nature as to cause bodily pain, harm, or danger to life, limb or health, or that impairs the health or development of the aggrieved person.
Sexual abuse: Any conduct of a sexual nature that abuses, humiliates, degrades or violates the dignity of the aggrieved person.
Verbal and emotional abuse: Insults, ridicule, humiliation, name-calling; threats to cause physical pain to the aggrieved person or any person related to her; threats of divorce or remarriage.
Economic abuse: Depriving the aggrieved person of economic resources, not allowing her to work, not providing maintenance, disposing of household assets, preventing access to bank accounts.
Who Can File a Domestic Violence Complaint?
Any woman who is (or has been) in a domestic relationship with the respondent can file a complaint. A "domestic relationship" is defined very widely and includes:
- Wife / ex-wife
- Live-in partner / former live-in partner
- Mother, sister, daughter, or any female relative living in the shared household
- Women in relationships "in the nature of marriage"
The complaint can be filed even if the woman is no longer living in the shared household — the Act protects women even after they have left.
Types of Orders Available Under the PWDVA
1. Protection Order (Section 18) Prohibits the respondent (husband / abuser) from committing further acts of violence, communicating with the aggrieved person, entering her workplace or school, or alienating shared assets. This is the most urgent relief — courts can issue it the same day as an ex-parte (one-sided) order if there is immediate danger.
2. Residence Order (Section 19)
- Restrains the respondent from dispossessing the aggrieved person from the shared household.
- The aggrieved woman has the right to remain in the shared household even if she has no ownership in it.
- Can direct the respondent to find alternative accommodation for the aggrieved person.
- Can restrain the respondent from entering the portion of the house where the aggrieved person lives.
3. Monetary Relief (Section 20)
- Compensation for losses suffered due to domestic violence (medical expenses, loss of earnings, damage to property).
- Maintenance for the aggrieved person and her children.
- The amount is determined by the Magistrate based on the respondent's income and the needs of the applicant.
4. Custody Order (Section 21) Temporary custody of children can be granted to the aggrieved person pending the final disposal of the case.
5. Compensation Order (Section 22) The court can award compensation for mental torture, emotional distress, and suffering caused by the acts of domestic violence.
Process for Filing a Domestic Violence Complaint in Chandigarh
Step 1: Contact a Protection Officer or Advocate The fastest way to access relief under the PWDVA is to contact a Protection Officer (officers appointed under the Act in each district) or to directly approach a family lawyer in Chandigarh. In Chandigarh, Protection Officers are available at the District Welfare Office.
Step 2: File the Application (DIR) Your advocate files a Domestic Incident Report (DIR) and a formal application before the Metropolitan Magistrate in Chandigarh (Court located at the District Court Complex, Sector 17). The application details the acts of violence and the relief sought.
Step 3: Ex-Parte Interim Order (Emergency Relief) If the court is satisfied that there is an imminent danger to the applicant, it can pass an ex-parte order on the first hearing itself — even without the respondent being present. This means protection can be obtained on Day 1 in urgent situations.
Step 4: Service and Final Hearing The respondent is served notice. Both parties are heard. The court can then pass final orders.
Can You File an FIR as Well?
Yes. Domestic violence is also an offence under Section 85 and 86 of the BNS 2023 (cruelty to wife by husband and relatives — formerly Section 498A IPC). You can file an FIR at the police station simultaneously with the PWDVA application. These are separate and complementary remedies.
What If You Have Left the Shared Household?
You can still file a domestic violence complaint even after leaving the shared household. The right to file is not conditional on continuing to live there.
How Tricity Law Firm Can Help
Our firm regularly handles domestic violence matters — both urgent interim relief and long-term protection. We are sensitive to the emotional difficulty of these situations and maintain strict confidentiality.
- Emergency protection order applications
- Filing FIR and following up with police
- Residence and monetary relief applications
- Custody applications for children
- Representing you in court on all dates
Call +91-9814110005 (available for urgent matters) or contact us online.
Disclaimer: This article is for general information only and does not constitute legal advice. If you are in immediate danger, please call the police (112) immediately.