Protection from Domestic Violence in Maharashtra
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides comprehensive civil protection — not just criminal prosecution — to women subjected to domestic violence.
- Who can apply: Any woman who is or has been in a domestic relationship (marriage, live-in, family member) with the respondent can seek protection.
- Definition of domestic violence is broad — includes physical, sexual, emotional, verbal, economic abuse, and harassment for dowry.
- Protection Orders: A Magistrate can pass a Protection Order prohibiting the respondent from committing further violence, entering the shared household, contacting the victim, or alienating shared assets.
- Residence Orders: A woman cannot be evicted from the shared household (even if she owns no share in it) — the Magistrate can order the respondent to leave the shared household.
- Monetary Relief: The Magistrate can direct the respondent to pay for medical expenses, loss of income, and damage to property.
- Custody Orders: Interim custody of children can be granted simultaneously.
- Protection Officers and Service Providers: Every district has a Protection Officer (under the PWDVA) and empanelled NGOs to assist victims in filing applications and accessing shelters.
- Criminal remedy (BNS s. 85): A husband who subjects a wife to cruelty (physical or mental) faces up to 3 years' imprisonment and fine — this can be pursued alongside civil protection.
When does it apply?
- You are a woman experiencing physical violence, threats, sexual assault, emotional abuse, or being denied money for basic necessities by a family member or partner.
- You have been evicted from your home by your husband or in-laws.
- You need immediate protection and a legal basis to remain in your home.
What to Do If You Are Experiencing Domestic Violence in India
- Contact the Protection Officer in your district (found via the state Women & Child Development department website) — they will assist you in filing a Domestic Incident Report and the PWDVA application before the Magistrate.
- File an application with supporting evidence (medical reports, photographs, messages, witness statements) before the Judicial Magistrate First Class in your district.
- Call the Women Helpline: 181 or National Commission for Women: 011-26944880 for immediate assistance.
- In emergencies, go to the nearest police station and file a complaint — the police must refer you to the Protection Officer and cannot refuse to register the complaint.
What should you NOT do?
- Do not delay seeking a Protection Order — violence often escalates; early legal intervention is critical.
- Do not sign any agreement to withdraw a PWDVA application under pressure — family pressure to "settle" does not make it safe to withdraw legal protection.
- Do not assume you need a divorce to file under PWDVA — the Act applies independently of matrimonial proceedings.
How Maharashtra differs from central law
Maharashtra has been active in implementing the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The state has appointed Protection Officers in every district and has established a network of service providers including shelter homes and counselling centres. Maharashtra's One Stop Centres (Sakhi Centres) provide integrated support to women facing violence.
Under the Act, a woman facing domestic violence (physical, emotional, verbal, sexual, or economic abuse) can obtain protection orders, residence orders, monetary relief, and custody orders from the Magistrate's Court. Maharashtra has designated specific courts to handle PWDVA cases in each district. The Bombay High Court has issued important rulings expanding the scope of 'domestic relationship' and has held that live-in relationships are also covered under the Act.
Maharashtra also runs the Manodhairya Scheme, which provides immediate financial assistance of Rs. 10 lakh to survivors of acid attacks, rape, and child sexual abuse. This scheme is administered through the District Women and Child Development Officer.
Additional Steps in Maharashtra
Contact the Women Helpline at 181 or the Maharashtra State Women's Commission at 7977-722-722. File a Domestic Incident Report (DIR) through the Protection Officer in your district (available at the District Women and Child Development Office). For immediate shelter, contact the nearest One Stop Centre (Sakhi Centre). For an emergency protection order, approach the nearest Magistrate's Court. Police helpline: 100 or 112.
Relevant Law: Protection of Women from Domestic Violence Act, 2005, Sections 12-23; Maharashtra Manodhairya Scheme, Government Resolution dated 8 March 2013
Common Questions
When does protection from domestic violence apply?
You are a woman experiencing physical violence, threats, sexual assault, emotional abuse, or being denied money for basic necessities by a family member or partner.You have been evicted from your home by your husband or in-laws.You need immediate protection and a legal basis to remain in your home.
What should I do if I am experiencing domestic violence and need immediate protection in India?
Contact the Protection Officer in your district (found via the state Women & Child Development department website) — they will assist you in filing a Domestic Incident Report and the PWDVA application before the Magistrate.File an application with supporting evidence (medical reports, photographs, messages, witness statements) before the Judicial Magistrate First Class in your district.Call the Women Helpline: 181 or National Commission for Women: 011-26944880 for immediate assistance.In emergencies, go to the nearest police station and file a complaint — the police must refer you to the Prote...
What mistakes should I avoid with protection from domestic violence?
Do not delay seeking a Protection Order — violence often escalates; early legal intervention is critical.Do not sign any agreement to withdraw a PWDVA application under pressure — family pressure to "settle" does not make it safe to withdraw legal protection.Do not assume you need a divorce to file under PWDVA — the Act applies independently of matrimonial proceedings.
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