The Protection of Women from Domestic Violence Act, 2005 lets an aggrieved woman seek protection orders (Section 18), residence orders securing her right to stay in the shared household (Section 19), and monetary relief (Section 20) from a Magistrate, with State-appointed Protection Officers meant to assist her through the process -- though the availability and responsiveness of Protection Officers varies by state.
Protection orders and residence orders
Under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), an aggrieved woman
(or a Protection Officer or NGO on her behalf) can apply to a Magistrate for relief. Section 18 protection
orders can prohibit the respondent from committing further domestic violence, entering the woman’s
workplace or her children’s school, communicating with her, alienating assets, or operating joint bank
accounts. Section 19 residence orders can restrain the respondent from dispossessing the woman from the
shared household, direct the respondent to leave it, or secure alternate accommodation -- and can protect her
right to reside in the shared household even where she holds no ownership or title interest in it. Residence
orders cannot be passed against a woman respondent, which is relevant in disputes involving in-laws.
Monetary relief and interim orders
Section 20 allows a Magistrate to order monetary relief covering loss of earnings, medical expenses,
property damage, and maintenance. Section 23 allows interim and ex-parte orders pending final disposal of the
case, so relief is not necessarily delayed until the full proceeding concludes. For NRI-linked disputes, PWDVA
proceedings can run in parallel with, and are legally independent of, any separate maintenance claim under
BNSS Section 144 or matrimonial proceedings under personal law, meaning a woman is not required to choose only
one remedy and can pursue whichever combination of reliefs fits her circumstances.
Protection Officers -- helpful but unevenly available
State-appointed Protection Officers are meant to assist aggrieved women in filing Domestic Incident
Reports, connecting them to medical and legal aid and shelter homes, and executing court orders. In practice,
the quality and responsiveness of Protection Officers varies significantly by state -- a genuine, practical
consideration for NRI spouses or family members navigating a PWDVA matter, since Indian in-laws or relatives
are frequently respondents in transnational marriage disputes and local implementation quality can affect how
quickly relief is actually obtained.
Can a woman get an order to stay in her marital home even if it’s not in her name?
Yes -- a Section 19 residence order under the PWDVA can secure her right to reside in the shared household
regardless of whether she holds any ownership or title interest in the property, since the right protected is
residence, not property ownership.
Can a residence order be passed against a mother-in-law?
No -- the PWDVA specifically provides that residence orders under Section 19 cannot be passed against a
woman respondent, which is a relevant limitation in disputes involving female in-laws, though other forms of
relief such as protection orders may still be available depending on the facts.
Does a woman have to wait until the full case is decided to get any relief under the PWDVA?
No -- Section 23 specifically allows a Magistrate to grant interim and even ex-parte orders while the case
is pending, so relief such as a protection order or monetary support does not need to wait until the final
hearing.
