Domestic Violence Complaint in Punjab and Haryana: Protection Orders and Legal Options

Who is Protected Under the Act?

The Act protects women who are in or have been in a domestic relationship with the respondent. A domestic relationship includes:

• Marriage — the most common situation.
• A relationship in the nature of marriage (live-in relationships).
• Family members living in the same household — daughters, sisters, mothers, daughters-in-law.

The respondent can be a male or female member of the household — a mother-in-law can also be a respondent in addition to the husband.

What Counts as Domestic Violence?

The Act defines domestic violence broadly to include:

• Physical abuse: Beating, slapping, kicking, burning, any act causing bodily pain or injury.
• Sexual abuse: Any conduct that humiliates, degrades or violates dignity.
• Verbal and emotional abuse: Insults, ridicule, humiliation about inability to have children, threats to cause physical pain to any person the aggrieved party is interested in.
• Economic abuse: Depriving the aggrieved person of financial resources she is entitled to, disposing of assets, restricting access to money or employment.

How to File a Complaint

A complaint under the PWDVA can be filed with the Protection Officer (a government-appointed officer in each district) or directly before the Magistrate. The complaint sets out the incidents of domestic violence and the relief sought.

In Chandigarh, Mohali and Panchkula, the complaint is filed before the Judicial Magistrate First Class having jurisdiction over the area where the aggrieved person resides, the respondent resides, or where the domestic violence took place. An advocate can assist in drafting and filing the complaint directly before the Magistrate, which is often faster than going through the Protection Officer.

Orders a Court Can Pass

The Magistrate has wide powers and can pass several types of orders:

• Protection order: Prohibits the respondent from committing any act of domestic violence, from entering the workplace or school of the aggrieved person or children, from contacting or communicating with the aggrieved person, or from disposing of assets.
• Residence order: Restrains the respondent from dispossessing the aggrieved person from the shared household, or directs alternate accommodation to be provided. Critically, a woman has a right to remain in the shared household even if she does not own it — a husband cannot throw his wife out of the house even if it is in his name.
• Monetary relief: Compensation for losses suffered — loss of earnings, medical expenses, maintenance for the aggrieved person and children.
• Custody order: Temporary custody of children pending the main custody proceedings.
• Compensation order: Damages for injuries and emotional distress caused by domestic violence.

Ex Parte and Interim Orders

One of the most important features of the PWDVA is the power to grant ex parte interim orders — orders passed on the same day without the respondent being present, purely on the aggrieved person's statement, where the Magistrate is satisfied that an ex parte order is justified.

This means that in an urgent situation — where there is an immediate threat of violence or where the woman risks being dispossessed — the court can pass a protection or residence order on the very first hearing, before the respondent even knows about the case. The respondent is then served and given an opportunity to reply.

Criminal Complaint Alongside PWDVA

Filing under the PWDVA does not prevent a separate criminal complaint. Many cases proceed on both tracks simultaneously:

• A PWDVA application for civil relief — protection order, residence, maintenance.
• An FIR under Section 498A BNS (formerly IPC) for cruelty by husband or his relatives, which can result in arrest and criminal prosecution.
• A Section 125 BNSS maintenance application before the Family Court.

Which combination of remedies to pursue depends on the facts. Where the primary need is immediate protection and financial support, the PWDVA route is faster. Where the conduct is criminal and the woman wants the husband prosecuted, an FIR under 498A is appropriate.