What Counts as Domestic Violence Under Indian Law?
The Protection of Women from Domestic Violence Act, 2005 (DV Act) defines “domestic violence” to include any act, omission, or conduct that amounts to:
- Physical abuse — including hurting, poisoning, or assault
- Emotional/psychological abuse — humiliation, threats, insult, isolation
- Sexual violence — marital rape (recognised since Independent Legal Aid Council v. State of Punjab, 2015) within a domestic relationship
- Economic abuse — deprivation of monetary resources, control of property, denial of support
The Act protects “aggrieved persons” — women in a domestic relationship, including widows, daughters, and daughters-in-law. It is criminal in nature: a complaint is not the same as a divorce petition, though the two often run in parallel.
Three Things You Can Ask For in a DV Complaint
- Protection order — restrains the respondent from committing DV, from entering shared premises, or from contacting the complainant
- Residence order — grants the aggrieved person a right to reside in the shared domestic residence regardless of title
- Monetary relief — maintenance, damages, medical expenses, and compensation for destruction of property
How to File in Ghaziabad
DV complaints are filed before the Magistrate, Court of Small Causes / Family Court, Ghaziabad or alternatively the civil court. The application is made in writing (Form A of Schedule I DV Rules, 2008) and can be filed by the aggrieved person herself, a registered NGO with the aggrieved’s written consent, a police officer on her request, or a service institution.
Police are required to take cognisance of a complaint under Section 9(1)(h) of the BNSS. The In-charge of the Women’s Cell (Ghaziabad) should be the first point of contact; if the response is inadequate, the complaint can be filed directly with the magistrate.
Documents to Prepare Before You File
- Marriage certificate or proof of domestic relationship
- Any medical records from hospital visits (date, doctor’s notes, injury description)
- Photos or videos of injuries, damaged property, or unsafe conditions
- Messages, call recordings, or emails evidencing threats or harassment
- List of assets in the domestic residence (useful for residence orders)
- Financial records to support a monetary relief claim
Filing a DV Complaint in Ghaziabad?
Advocate Nilesh Bijlani assists with protection orders, residence orders, and monetary relief claims under the DV Act. Call 085958 09471.
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