Protection orders under the Domestic Violence Act: a Mumbai guide

What is a protection order under the Domestic Violence Act?

A protection order is an order of a Magistrate under Section 18 of the Protection of Women from Domestic Violence Act, 2005 that stops the respondent from committing or helping to commit domestic violence. It can also bar them from entering the woman's workplace or other places she visits, from contacting her in any form, and from selling or transferring jointly held assets without the court's leave.

Domestic violence under Section 3 of the Act is wider than physical harm. It includes physical, sexual, verbal and emotional abuse, and economic abuse, such as withholding money needed for the household or disposing of the woman's belongings. The Act is available on India Code.

Who can apply for a protection order, and against whom?

An aggrieved person under the Act is a woman who is, or has been, in a domestic relationship with the respondent. A domestic relationship covers people who live or have lived together in a shared household through marriage, a relationship in the nature of marriage, blood, adoption, or as members of a joint family.

The respondent need not be a man. In Hiral P. Harsora v Kusum Narottamdas Harsora (2016), the Supreme Court struck down the words "adult male" from the definition of respondent in Section 2(q), so female relatives of the husband can also be named.

What reliefs can a Magistrate grant?

Apart from the protection order itself, the Act gives the court several related powers. They can be sought together in one application under Section 12:

A residence order often matters most in Mumbai, where the shared household is usually a flat held by the husband or his family. Our guide on what happens to the flat explains how this interacts with ownership in a divorce.

How does a domestic violence case work in Mumbai?

The process is designed to be quick and accessible, and a woman can begin it without first hiring a lawyer. The usual steps are:

1. Reach out for help. You can approach a Protection Officer, a registered service provider, or the police. Protection Officers are appointed by the state government district by district, including for Mumbai City and Mumbai Suburban.
2. Domestic Incident Report. The Protection Officer or service provider records a Domestic Incident Report, which is placed before the Magistrate.
3. File the application. An application under Section 12 is filed before the Magistrate's court where you live or work, where the respondent lives, or where the violence took place (Section 27). In Mumbai this is the Metropolitan Magistrate's court with jurisdiction.
4. First hearing and interim orders. Section 12(4) says the first hearing should ordinarily be fixed within three days of the application being received, and the court may pass interim or ex parte orders under Section 23.
5. Final order. Section 12(5) asks the Magistrate to try to decide the application within sixty days of the first hearing. In practice, contested cases often take longer.

The Protection Officer's role does not end with the report. Under the Act, the officer assists the Magistrate, helps the woman obtain legal aid, medical help and a safe shelter where she needs one, and can be asked to oversee compliance with a monetary relief order. Service providers registered under the Act, usually voluntary organisations working with women, can also record a Domestic Incident Report and help her reach the court.

At the first hearing, the Magistrate usually issues notice to the respondent and decides whether urgent orders are needed. Monetary relief under Section 20 is meant to be adequate, fair and reasonable, and consistent with the standard of living the woman is used to. It can include medical expenses, loss of earnings, the cost of damaged property and maintenance for her and her children, paid as a lump sum or monthly.

What happens if a protection order is breached?

Breach of a protection order or an interim protection order is an offence under Section 31. It is punishable with imprisonment of up to one year, a fine of up to twenty thousand rupees, or both. Section 32 makes the offence cognisable and non-bailable, so the police can act on a complaint of breach.

A protection order stays in force until the woman applies for it to be discharged (Section 25(1)). Either side can ask the Magistrate to alter, modify or revoke an order if circumstances change (Section 25(2)).

How does a domestic violence case fit with divorce and maintenance?

A domestic violence application and a divorce petition are separate cases, usually in separate courts. The divorce is heard by the Family Court, while the domestic violence application goes to the Magistrate. Section 26 of the Act also allows the same reliefs to be sought in other proceedings, including before a family court, so they can be raised within an existing divorce case.

Maintenance can also be claimed separately under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 of the Code of Criminal Procedure. In Rajnesh v Neha (2020), the Supreme Court required both sides to file affidavits disclosing their assets and income, and directed that maintenance awarded in one case be taken into account in another, to avoid overlapping awards. Our guide on how alimony and maintenance are decided covers how courts decide the amount, and our note on child custody after divorce explains how custody is approached.

Running these cases together needs planning, because a settlement in one usually has to account for the others. Our page for divorce lawyers Mumbai sets out how we handle divorce, maintenance and protection proceedings together, and our guide on how long a divorce takes in Mumbai explains how parallel cases affect the timeline.

Is a criminal complaint for cruelty part of the same case?

No. A domestic violence application gives civil reliefs, and filing one does not by itself lead to an arrest. Cruelty by a husband or his relatives is a separate criminal offence. Since 1 July 2024 it falls under Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, which replaced Section 498A of the Indian Penal Code.

In Arnesh Kumar v State of Bihar (2014), the Supreme Court held that arrests in such cases must not be automatic and that police must record reasons justifying the need to arrest. Whether a criminal complaint is appropriate depends on the facts, and it is a decision to take with advice.

Where can you get help immediately?

If you are in immediate danger, call the emergency number 112. The Women Helpline 181 offers support and can connect you to local services, including One Stop Centres, which provide shelter, medical, police and legal assistance in one place. Details of these schemes are published by the Ministry of Women and Child Development.

When it is safe to do so, you can speak to us in confidence about the reliefs that fit your situation.

Which records help a domestic violence application?

You do not need everything before you start, but these records strengthen an application:

• medical records and photographs of any injuries;
• messages, emails and call records showing threats or abuse;
• names and contact details of people who witnessed incidents;
• bank statements and household bills, where money is being withheld;
• flat and tenancy papers for the shared household; and
• a copy of any Domestic Incident Report or police complaint.

Keep copies somewhere the respondent cannot reach, such as with a trusted relative or in a secure online account. For the wider legal picture, see our guide to the grounds for divorce under the Hindu Marriage Act.

Take the First Step Safely

The Domestic Violence Act was designed so that a woman can get urgent protection quickly, often within days, without waiting for a divorce or a criminal case. Knowing which reliefs to ask for, and how they fit with any divorce or maintenance case, makes the protection more effective and avoids having to start over later.

VIVS Legal has practised family law since 2010, with offices in Lower Parel, Mumbai and Sanpada-Vashi, Navi Mumbai. For cases in Navi Mumbai, see our page on Navi Mumbai cases at Belapur, and for the broader picture across cities, our overview of divorce cases across India.

Need help with a case?

See our domestic violence lawyer page for the orders you can seek.