What the PWDV Act, 2005 provides

The Protection of Women from Domestic Violence Act, 2005 is a civil remedy that allows an aggrieved woman to seek protection orders (S. 18), residence orders (S. 19), monetary relief (S. 20), custody orders (S. 21), and compensation orders (S. 22). The Act covers physical, sexual, verbal, emotional and economic abuse. The application is filed under Section 12 PWDV Act before the Judicial Magistrate First Class.

Who can file and against whom

Any woman in a domestic relationship — wife, live-in partner, mother, sister, daughter, daughter-in-law — can file. The respondent must be an adult male with whom the aggrieved is or has been in a domestic relationship; relatives of the husband (including female relatives) can also be impleaded per Sandhya Wankhede v. Manoj Bhimrao Wankhede (2011) 3 SCC 650. Live-in relationships in the nature of marriage are protected — D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469.

Procedure and timelines

On filing under S. 12, the Magistrate issues notice; first hearing within 3 days is the statutory norm. Interim and ex-parte orders under S. 23 are routinely passed where prima facie the aggrieved is in danger or destitute. Service is through Protection Officer / process server. The case must ideally be disposed of within 60 days under S. 12(5), though in practice it takes longer.

Overlap with maintenance and Section 498-A

A woman can simultaneously seek maintenance under Section 144 BNSS (earlier 125 CrPC), under S. 20 PWDV, and under personal-law remedies (HMA / Special Marriage Act). The amounts are adjusted to avoid double recovery. A 498-A IPC complaint — now Section 85/86 BNS — is a separate criminal proceeding and can be pursued in parallel.

Defending a man wrongly impleaded

Where allegations are exaggerated or weaponised in matrimonial disputes, the strategy combines (i) detailed written reply with documentary evidence (call logs, WhatsApp, ITRs, bank statements); (ii) application to delete unconnected relatives under Geeta Mehrotra v. State of UP (2012); (iii) anticipatory bail in any parallel S. 85/86 BNS matter; and (iv) quashing under Section 528 BNSS / Article 226 if the case is purely civil dressed up as domestic violence.