If you are experiencing physical, emotional, verbal, sexual or economic abuse within a domestic relationship, you may have legal remedies available under the Protection of Women from Domestic Violence Act, 2005.
The law provides for different forms of protection and relief, which may include protection orders, residence-related relief, monetary relief, custody orders and compensation, depending upon the facts and circumstances of the case.
At Tabish Sarosh & Associates, we assist clients in understanding their rights and in taking appropriate legal steps where domestic violence is alleged.
Our assistance may include:
- Assessing whether the circumstances fall within the scope of the Domestic Violence Act;
- Advising on the appropriate legal remedies available;
- Assisting with the preparation and filing of complaints/applications;
- Seeking appropriate protection, residence, monetary and custody-related reliefs;
- Assisting clients in urgent situations where immediate legal intervention may be required;
- Representing clients before the appropriate court and authorities; and
- Advising on related matrimonial or criminal proceedings that may arise from the same circumstances.
If you are facing domestic violence or are concerned about your immediate safety, do not wait for the situation to escalate before seeking legal advice. Our team can confidentially assess your circumstances and explain the legal remedies available to you.
Under Section 3 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), domestic violence is broadly defined as any act, omission, commission, or conduct of the respondent that harms, injures, or endangers the health, safety, life, limb, or well-being — whether mental or physical — of the aggrieved person. It is not limited to physical beatings. It encompasses a wide spectrum of abusive behaviours that destroy a person’s dignity, freedom, and safety.
At Tabish Sarosh & Associates (TSA), we have been handling domestic violence cases across Delhi NCR since 2009. We provide urgent, compassionate, and expert legal representation — from filing the initial application and securing emergency protection orders, to representing you through every stage of the DV proceedings.
Forms of Domestic Violence Recognised Under Indian Law
The PWDVA 2005 recognises six distinct categories of domestic violence. Understanding which category applies to your situation shapes the legal strategy and relief you can claim.
Physical Abuse
Assault, slapping, choking, pushing, beating, kicking, or any act causing bodily pain or danger to life. Includes threatening to harm children, relatives, or pets.
Verbal & Emotional Abuse
Name-calling, constant criticism, humiliating comments, yelling, and insults designed to destroy self-worth. Includes threats to leave or cause pain to someone close.
Psychological Abuse
Gaslighting, denying abusive behaviour, blaming the victim, threatening to take away children, and making the aggrieved person feel mentally unwell or unstable.
Sexual Abuse
Any conduct of a sexual nature that abuses, humiliates, or degrades the aggrieved person — including forced sexual acts, marital rape, and threats of sexual abuse.
Economic & Financial Abuse
Denying money for household needs, preventing the woman from earning a livelihood, disposing of her property, forcing her into debt, or refusing to pay for children’s education.
Social Abuse
Isolating the aggrieved person from friends and family, monitoring her contacts, using her family members to intimidate her, or preventing participation in social activities.
Reliefs Available Under the PWDVA 2005
A domestic violence lawyer in Delhi can help you obtain one or more of the following reliefs from the Magistrate Court. These can be obtained even on an emergency ex-parte basis — without waiting for the respondent to be heard.
Section 18: Protection Order
Prohibits the respondent from committing any act of domestic violence, contacting the aggrieved person, entering her workplace or the school of her children, or alienating assets.
Section 19: Residence Order
Ensures the aggrieved person’s right to reside in the shared household. The respondent can be restrained from dispossessing her or disturbing her peaceful possession.
Section 20: Monetary Relief
Compensation for losses suffered — medical expenses, loss of earnings, damage to property, and maintenance for the aggrieved person and her children.
Section 21: Custody Order
Temporary custody of children can be granted to the aggrieved person. The court specifies visitation rights for the respondent while ensuring the child’s safety.
Section 22: Compensation Order
The Magistrate can award compensation for injuries and damages, including mental torture and emotional distress caused by the respondent’s acts of domestic violence.
Emergency Ex-Parte Orders
In urgent situations, the Magistrate can pass protection or residence orders on the same day, without waiting for the respondent to be heard, if there is danger to life.