Legal Procedures for filing cases under Domestic Violence Act in India

Family Law
Causes of Domestic Violence in India

Domestic violence is a complex issue that can have many underlying causes. In India, one of the primary causes of domestic violence is gender inequality and discrimination against women. Despite significant progress in recent years, women in India still face many challenges and barriers contributing to their vulnerability to violence.  

Major Causes of Domestic Violence in India

One of the most significant contributors to gender inequality in India is the deep-rooted cultural and social norms that prioritize male dominance and control. These norms can be seen in various aspects of Indian society, including the family, education system, workplace, and media. For example, the expectation that women should prioritize their roles as wives and mothers over their careers or personal goals reinforce the idea that women are inferior to men and should be subservient to them.  

Another major causes of domestic violence in India is economic dependence. Women in India are often economically dependent on their husbands or partners, making it difficult for them to leave abusive relationships. This economic dependence can be exacerbated by factors such as lack of education, limited job opportunities, and discrimination in the workplace.  

Alcohol and substance abuse are also significant contributors to domestic violence in India. According to a study conducted by the National Family Health Survey, men who consume alcohol are more likely to perpetrate violence against their partners than those who do not. Substance abuse can impair judgment, increase aggression, and decrease inhibitions, making individuals more likely to engage in violent behavior.  

Mental health issues like depression, anxiety, and personality disorders can also contribute to domestic violence. Individuals with mental health issues may be more prone to emotional instability, anger, and violent outbursts. However, it is essential to note that mental illness alone does not cause domestic violence, and most people with mental health issues do not engage in violent behavior.  


The Protection of Women from Domestic Violence Act (PWDVA) is the primary legal framework in India that deals with domestic violence. It defines domestic violence as physical, sexual, emotional, or economic abuse in a domestic setting. The show provides several different forms of relief that can be granted to victims of domestic violence.  

A protection order is one of the primary forms of relief available under the PWDVA. This order requires the respondent to stop committing acts of domestic violence and to refrain from contacting the victim in any way. Protection orders can be granted in an emergency and issued quickly in urgent situations.  

Another form of relief that can be granted under the PWDVA is a residence order. This order requires the respondent to provide alternative accommodation to the victim and any children affected by domestic violence.  

Monetary relief is another form of relief available under the PWDVA. This can include financial compensation for any losses or injuries suffered due to the domestic violence, as well as maintenance for the victim and any children affected by the abuse.  

The PWDVA also provides for custody orders, which determine who will have custody of any children affected by domestic violence. In making custody orders, the court will consider the best interests of the child, as well as any other relevant factors.  

It is important to note that any relief granted under the PWDVA is intended to be temporary and is designed to provide immediate protection to victims of domestic violence. The goal is to prevent further harm and to give the victims the support they need to recover and rebuild their lives.  

Who can file complaint under domestic violence act?  

Under the Protection of Women from Domestic Violence Act (PWDVA), any woman who is 18 or older and has been subjected to domestic violence can file a complaint. The Act is gender-neutral, which means that men can also be victims of domestic violence and can file complaints if they meet the criteria.  

A “woman” under the Act includes those married, unmarried, divorced, separated, or in a live-in relationship. This means a woman must not be matched to file a complaint under the Act. The Act also covers women related to the abuser by blood, marriage, or adoption. This includes mothers, sisters, daughters, and granddaughters.  

In addition to the victim, the Act also allows a “protection officer” to file a complaint on behalf of the victim. A protection officer is a government-appointed official responsible for providing support and assistance to victims of domestic violence. They can file a complaint if they believe a woman has been subjected to domestic violence.  

It is important to note that under the PWDVA, a complaint can only be filed against a person with whom the victim has a “domestic relationship.” This includes a relationship between spouses, partners, family members, or those who live together in a shared household. It is essential to consult with a lawyer to determine whether your situation falls within the definition of a “domestic relationship.”

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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