Under the Protection of Women from Domestic Violence Act, 2005, domestic violence includes:

Physical abuse (hitting, slapping, kicking, etc.)

Emotional and verbal abuse (insults, humiliation, threats, etc.)

Sexual abuse (forced intercourse, marital rape, etc.)

Economic abuse (denying money, forcing financial dependence, etc.)

Only women who are victims of domestic violence can file a complaint against:

Husbands and in-laws

Male partners in a live-in relationship

Relatives of the husband (including mother-in-law, brother-in-law, etc.)

No, the PWDVA, 2005 applies only to women.

No. It also covers:

Women in live-in relationships

Mothers, sisters, and widows facing violence from family members

PWDVA, 2005 provides civil remedies like protection orders, residence rights, maintenance, etc.

IPC Section 498A is a criminal provision for cruelty by the husband/in-laws and is punishable with imprisonment.

Legal Remedies and Filing a Complaint

A complaint can be filed at:

Local police station

Protection Officer (appointed under PWDVA)

Magistrate Court

National/State Women’s Commission

A woman can seek:

Protection Order – Restraining the abuser from causing further harm.

Residence Order – Right to live in the shared household.

Monetary Relief – Financial support for maintenance and medical expenses.

Custody Order – Granting custody of children to the woman.

Compensation Order – Compensation for physical/mental suffering.

Yes, she can seek a residence order to continue living in her matrimonial/shared household.

Yes, an FIR can be filed under IPC Sections 498A, 323, 506, etc., for physical abuse or cruelty.

While medical reports strengthen the case, they are not mandatory. A woman’s testimony is sufficient evidence.

Punishment and Penalties for Domestic Violence

Under IPC Section 498A, the punishment is up to 3 years of imprisonment and a fine.

Yes, under PWDVA, 2005 and Section 125 CrPC, courts can grant maintenance to the woman and her children.

IPC Section 498A (Cruelty) – Non-bailable (arrest without bail).

PWDVA, 2005 – Civil law, but non-compliance with orders can lead to criminal charges.

Yes, a woman can withdraw the case, but in criminal cases like IPC 498A, the court’s approval is needed.

Yes, cases under PWDVA, 2005 can be settled through mediation. However, IPC 498A cases need a court order for settlement.

Child Custody and Property Rights

Yes, under PWDVA, 2005, the court can grant custody of children to the woman if it is in the child’s best interest.

No, but she can seek residence rights in the shared household under PWDVA, 2005.

False Domestic Violence Cases and Misuse of Laws

If proven false, the accused can file:

A defamation case (IPC 500)

A complaint under IPC 211 for false allegations

A case for compensation for damages

Collect evidence (messages, calls, CCTV footage, etc.)

File a counter-case for defamation or mental harassment

Seek anticipatory bail to prevent arrest

Live-in Relationships and Domestic Violence

Yes, under PWDVA, 2005, women in live-in relationships can seek protection if they face abuse.

Under the Protection of Women from Domestic Violence Act (PWDVA), 2005, domestic violence includes:

Physical Abuse: Hitting, slapping, or any bodily harm.

Emotional/Psychological Abuse: Insults, threats, or humiliation.

Sexual Abuse: Coercive sexual acts or demands.

Economic Abuse: Denying financial resources controlling income.

Verbal Abuse: Intimidation, verbal threats.

Protection Orders: Restrain the abuser from contacting the survivor.

Residence Orders: Grant the right to reside in the shared household.

Monetary Relief: Compensation for medical expenses losses.

Custody Orders: Temporary custody of children.

Compensation Orders: For emotional/mental trauma.

Criminal Charges (if applicable):

Section 498A IPC: jail for cruelty.

Dowry-related violence: Penalized under Dowry Prohibition Act.

Resolve cases depends on case circumstances.

Yes: If the violence occurred in India or the marriage was registered there.