Do I have to file a criminal case first?

No. The Protection of Women from Domestic Violence Act 2005 is civil-remedy-first. Section 12 gives the magistrate the power to grant protection orders (§18), residence orders (§19), monetary relief (§20), custody orders (§21) and compensation (§22) without any criminal proceeding being initiated. A criminal complaint under §85 / §86 BNS 2023 (the successor to §498A IPC) is separate and complementary — you can file both.

Who can be a "respondent" — only my husband?

No. Section 2(q) defines respondent broadly — any adult male in a domestic relationship with the aggrieved person against whom relief is sought. The Supreme Court in Hiral P. Harsora v Kusum Narottamdas Harsora (2016) 10 SCC 165 struck down the words "adult male" — so female relatives of the husband (mother-in-law, sister-in-law) can ALSO be respondents.

I am in a live-in relationship — am I covered?

Yes — Section 2(f) covers a "relationship in the nature of marriage". The Supreme Court in Indra Sarma v VKV Sarma (2013) 15 SCC 755 set out the indicia (duration, shared household, pooling of resources, sexual relationship, children, social conduct). A genuine live-in relationship satisfying these factors is covered by the PWDVA.

Back to Solve a Problem

An open blank notebook and a small green plant on a wooden desk — calm, hopeful setting for a domestic-violence application helper

Service Pack

Domestic Violence Act §12 — Application Generator

Draft an application under Section 12 of the Protection of Women from Domestic Violence Act 2005 (PWDVA). The Act is civil-remedy-first — it gives the magistrate the power to issue a protection order under §18, a residence order under §19, monetary relief under §20, custody order under §21, and compensation under §22. No criminal charge is required first.

Safety comes first

If you are in immediate danger, do NOT spend time filling forms — call 112 (national emergency) or Women Helpline 181 right now. Reach a One-Stop Centre (Sakhi) or the nearest Protection Officer of your district. You can fill this application later from a safe place, or ask a Protection Officer to file it on your behalf under §12(1).

1. Pick the reliefs you need (select one or more)

The PWDVA is unusual — a single §12 application can simultaneously seek multiple reliefs. Tick every one that applies to your situation:

Protection order (§18)

Restrains the respondent from committing further domestic violence, entering your workplace/school, communicating with you, or alienating assets.

Residence order (§19)

Right to reside in the shared household — even if you do not own it. Restrains dispossession; may direct respondent to vacate or provide alternative accommodation.

Monetary relief (§20)

Loss of earnings, medical expenses, loss to property/stridhan, maintenance for you and your children — separate from and additional to §125 BNSS / §144 BNSS.

Custody order (§21)

Temporary custody of any child to the aggrieved person. The magistrate may also specify visitation arrangements.

Compensation (§22)

Compensation and damages for injuries — including mental torture and emotional distress — caused by the acts of domestic violence.

Interim / ex-parte order (§23)

Urgent ex-parte relief BEFORE the respondent is served, on prima-facie satisfaction that domestic violence is being or has been committed.

2. Your details + facts of the violence

Your full name

Your age

Your present address (a safe address — can be a shelter or relative's home)

Phone (for service of notice)

Email (optional)

Relationship with the respondent (husband / live-in partner / father-in-law / mother-in-law / brother-in-law / etc.)

Respondent's full name

Respondent's address

Address of the shared household (where you lived with the respondent — may differ from your present safe address)

District of the Magistrate Court (jurisdiction)

State

Number of children (if any, in your custody)

Approximate amount of monetary relief sought (₹)

Detailed facts — describe each incident of domestic violence (one per line, with dates if possible)

Place (where you are signing)

Date

3. Your draft application

4. What happens after you file

Day 0–3

Domestic Incident Report (DIR)

The Protection Officer prepares a Domestic Incident Report under §9(1)(b) PWDVA + Form-I of the 2006 Rules and forwards it to the magistrate. Service of notice on the respondent within 2 days of the magistrate's order under §13.

Day 1–60

First hearing + interim relief

First hearing within 3 days of the application being filed (§12(4)). The magistrate can grant ex-parte interim relief under §23 on prima-facie satisfaction. §12(5) — the magistrate shall endeavour to dispose of every application within 60 days from the date of its first hearing.

Breach + appeal

§31 — criminal punishment for breach

Breach of a protection order is a cognizable + non-bailable offence under §31 PWDVA — up to 1 year imprisonment + fine up to ₹20,000. Appeal lies to the Court of Session under §29 within 30 days of the order.

5. Key rights under the Act

Who is covered under §2(a)

Any woman in a domestic relationship — wife, daughter, sister, mother, mother-in-law, live-in partner. The Supreme Court in Indra Sarma v VKV Sarma (2013) 15 SCC 755 + S Khushboo v Kanniammal (2010) 5 SCC 600 confirmed that live-in partners in a relationship in the nature of marriage are covered.

Right to reside (§17) — Satish Chander v Eera (2016)

Every woman in a domestic relationship has the right to reside in the shared household, irrespective of ownership. SR Batra v Taruna Batra (2007) 3 SCC 169 had narrowly defined this — but Satish Chander Ahuja v Sneha Ahuja (2021) 1 SCC 414 has now broadened the definition, holding that even a property owned exclusively by in-laws can be a shared household.

Free help via Protection Officer (§8) + Service Provider (§10)

Every district has a Protection Officer notified under §8 who can file the application on your behalf. Registered Service Providers (NGOs) under §10 can also assist — they have the same protection from civil/criminal liability under §10(2) when acting in good faith.

Emergency contacts

112 — National Emergency Helpline (police + ambulance + fire). 181 — Women Helpline (24×7, free). 1091 — Women in Distress (state-level). One-Stop Centres (Sakhi) — 700+ across India under the Ministry of WCD, free shelter + medical + legal aid + counselling.

Important Disclaimer: KanoonPilot is an informational tool. The application generated is a starter template that should always be reviewed and personalised — ideally with assistance from a Protection Officer (free, statutory under §8 PWDVA) or a Service Provider NGO (free, statutory under §10), or a qualified legal-aid lawyer through DLSA. This wizard does NOT cover criminal proceedings under §85 / §86 BNS 2023 (the successor to §498A IPC) — for those, file a separate FIR. The PWDVA is civil-remedy-first; the two are complementary, not alternative.