Domestic Violence and Family Law in India

Domestic violence is a major legal issue that comprises physical, psychological, sexual and economic elements causing injury to the body and mind of the victim. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a significant law that contains provisions for various civil remedies in cases of domestic violence. As distinct from criminal law remedies, the Act provides various reliefs to a woman facing domestic violence, such as orders for protection, orders relating to residence, financial assistance, custody of children and compensation to the victim. It also provides for the right of residence of a woman in the shared household. The key aim of this paper is to carry out a critical examination of the statutory provisions of the PWDVA, with emphasis on Sections 2, 3, 12, 17, 18, 19, 20, 21, 22 and 23. Domestic violence law under the Act has been shaped by rulings of the Supreme Court in cases such as D. Velusamy v. D. Patchaiammal, Indra Sarma v. V.K.V. Sarma, Hiral P. Harsora v. Kusum Narottamdas Harsora and Satish Chander Ahuja v. Sneha Ahuja. The paper argues that judicial interpretation significantly complements legislative intent, particularly in relation to domestic relationships, respondents and shared households.