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Family Laws

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I'm facing violence at home. How does the law protect me?

Simple answer

If you are in danger right now, call 112. The Domestic Violence Act protects any woman abused by a husband, partner or family member she lives or lived with, whatever her religion. A Magistrate can order the abuser to stop, let you stay in the shared home, and make him pay you money.

Real-life examples

Kavita's husband slaps her, and her mother-in-law taunts her daily for not having a son. Both the beating and these insults count as domestic violence. With a Protection Officer's help, Kavita asks the Magistrate for a protection order against both.

Rehana's in-laws try to throw her out, saying the house is in her father-in-law's name. As it is her shared household, she has a right to live there even without owning it, and can be removed only through legal process.

Mohini, 68, is beaten by her adult son. The DV Act also protects mothers, sisters and widows living in the family, not only wives.

What should you do?

  1. 1If you are in danger, call 112 or go to a safe place. Call 181 (Women Helpline) for shelter, counselling and a One Stop Centre.
  2. 2Get medical treatment and ask the doctor to record your injuries. Keep photos, messages and witness names safe, away from the abuser.
  3. 3Contact your district's Protection Officer (through 181, the police or the court) to record a Domestic Incident Report.
  4. 4Apply to the Magistrate under Section 12 of the DV Act. Ask for urgent interim orders; the first hearing is usually within 3 days.
  5. 5You can also file a police complaint for cruelty (BNS Section 85). Ask for a free copy of the FIR.
  6. 6Call NALSA at 15100 for a free lawyer.

Exceptions & limits

  • Only a woman can file as the victim under this Act. Men facing violence at home can use general criminal law, such as cases for hurt or threats.
  • A live-in partner is covered only if the relationship is 'in the nature of marriage', for example living together for a long time like a married couple.
  • DV Act orders protect you but do not punish the abuser. For punishment, a separate criminal case, such as cruelty under BNS Section 85, is needed. Breaking a protection order is itself a crime.

Official legal reference

  • Protection of Women from Domestic Violence Act, 2005 — Section 3

    What counts as domestic violence: physical, sexual, verbal, emotional and economic abuse, including dowry demands.

  • Protection of Women from Domestic Violence Act, 2005 — Sections 12, 17, 19

    Application to the Magistrate; a woman's right to live in the shared household; residence orders.

  • Protection of Women from Domestic Violence Act, 2005 — Sections 18, 20, 23, 31

    Protection orders, money relief and urgent interim orders. Breaking a protection order: up to 1 year in jail, ₹20,000 fine, or both.

  • Bharatiya Nyaya Sanhita, 2023 — Sections 85, 86

    Cruelty to a wife by the husband or his relatives: up to 3 years in jail and fine.

    Earlier: IPC Section 498ARead the official text
  • Satish Chander Ahuja v. Sneha Ahuja (2020)

    A wife can claim a right to live in her in-laws' house if it is the shared household.

Where to get help

Emergency (ERSS)

Police, fire or ambulance in an emergency, anywhere in India.

Women Helpline

24x7 support for women facing violence, with referral to One Stop Centres.

National Commission for Women

Complaints about violence and harassment against women.

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Source & status

Applies to
All of India
Law in force since
26 Oct 2006
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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