Table of Contents
Frequently asked questions (FAQs)
What is a Complaint under Section 12 of the Domestic Violence Act?
A complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, is a formal application made by an aggrieved woman (or her representative) to a Magistrate seeking reliefs such as protection, residence, monetary compensation, and maintenance for acts of domestic violence.
Who can file a complaint under this provision?
Any woman who has been subjected to domestic violence by a person in a domestic relationship can file the complaint. It may also be filed by a Protection Officer or a registered service provider on behalf of the aggrieved person.
Against whom can this complaint be filed?
The complaint can be filed against the husband or male partner, and also against the husband’s relatives (including in-laws) if they are involved in acts of domestic violence.
What types of domestic violence are covered under the Act?
The Act covers:
Physical abuse (beating, slapping, hitting)
Emotional/verbal abuse (humiliation, insults, threats)
Sexual abuse
Economic abuse (not providing money, denying access to resources)
Threats or coercion
What reliefs can be claimed under the Domestic Violence Act?
Under various sections, a woman may seek:
Protection Order (Section 18)
Residence Order (Section 19)
Monetary Relief (Section 20)
Custody Order (Section 21)
Compensation Order (Section 22)
Ex-parte/interim orders (Section 23)
Is there any time limit to file the complaint?
There is no specific limitation period prescribed under the Act. However, the complaint should ideally be filed without unreasonable delay to establish credibility and immediacy of threat or abuse.
Can I file this complaint while staying at my matrimonial home?
Yes. The Act recognizes the woman’s right to reside in the shared household irrespective of ownership or title rights.
What is the role of a Protection Officer?
A Protection Officer assists the aggrieved woman in filing the complaint, prepares a Domestic Incident Report (DIR), and ensures the enforcement of orders passed by the court.
Do I need a lawyer to file the complaint?
Though not mandatory, it is advisable to engage a legal counsel for proper drafting and representation, especially for obtaining effective interim reliefs.
Can the complaint be withdrawn later?
Yes. However, once judicial proceedings have commenced, the court may allow withdrawal only under certain conditions or may direct mediation or counseling first, based on the facts of the case.
Sample draft
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE
COMPLAINT NO. …….OF 2017
U/S 12 0F DOMESTIC VIOLENCE ACT
P/S
IN THE MATTER OF:
Mrs. Priya Sharma
W/o Mr. Rohan Sharma
R/o 123, Green Park, New Delhi – 110016
…Complainant/Aggrieved Person
VERSUS
Mr. Rohan Sharma
S/o Mr. Vijay Sharma
R/o 123, Green Park, New Delhi – 110016
…Respondent No. 1
Mrs. Sunita Sharma
W/o Mr. Vijay Sharma
R/o 123, Green Park, New Delhi – 110016
…Respondent No. 2
Mr. Vijay Sharma
S/o Late Mr. Shyam Lal Sharma
R/o 123, Green Park, New Delhi – 110016
…Respondent No. 3
COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
MOST RESPECTFULLY SHOWETH:
That the complainant, Mrs. Priya Sharma, is the legally wedded wife of Respondent No. 1, Mr. Rohan Sharma. The marriage between the complainant and Respondent No. 1 was solemnized on 10th February 2018 at New Delhi according to Hindu rites and customs. The parties lived together as husband and wife at the above-mentioned matrimonial home.
That the complainant is residing at the shared household situated at 123, Green Park, New Delhi, which is the matrimonial home of the complainant. The said house is owned by Respondent No. 3 and is the place where the complainant resided after marriage along with all the respondents.
That after the marriage, the complainant was subjected to acts of cruelty, physical assault, emotional abuse, and economic violence at the hands of the respondents. The respondents consistently harassed the complainant for dowry, and taunted her for bringing insufficient dowry despite her family fulfilling all the demands to the best of their capacity.
That Respondent No. 1 (husband) used to physically assault the complainant under the influence of alcohol and frequently abused her in filthy language. He deprived the complainant of her basic necessities and did not provide for her maintenance or medical needs.
That Respondent Nos. 2 and 3 (parents-in-law) mentally harassed the complainant and instigated Respondent No. 1 to drive her out of the matrimonial home. The complainant was treated as a domestic servant and was not allowed to meet her own family. Several complaints were made by the complainant to her parents and to the Women’s Cell, but the behavior of the respondents did not change.
That on 15th December 2024, the complainant was thrown out of the matrimonial home by the respondents after being brutally assaulted by Respondent No. 1, resulting in injuries for which she had to receive medical treatment. A copy of the medical report is annexed herewith as Annexure A.
That the complainant is currently residing at her parental home in Lajpat Nagar, New Delhi, and has no source of income. She is financially dependent on her aged parents.
That the respondents have denied the complainant her right to reside in the shared household and have also denied her access to her personal belongings and jewelry.
9. That the complainant, being an aggrieved person within the meaning of Section 2 ( a ) of the Protection of Women from Domestic Violence Act, 2005, is entitled to seek protection, residence, maintenance, and compensation orders under the said Act.
PRAYER
In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
Pass a Protection Order under Section 18 of the Act, restraining the respondents from committing any act of domestic violence against the complainant;
Pass a Residence Order under Section 19 of the Act, allowing the complainant to reside in the shared household without any interference from the respondents;
Pass a Monetary Relief Order under Section 20 of the Act, directing the Respondent No. 1 to pay a monthly maintenance of Rs. 25,000/- to the complainant;
Pass a Monetary Relief Order under Section 20 of the Act, directing the Respondent No. 1 to pay a monthly maintenance of Rs. 25,000/- to the complainant;
Pass any other order(s) that this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE COMPLAINANT AS IN DUTY BOUND SHALL EVER PRAY.
New Delhi
Date: [Insert Date]
Filed by:
[Advocate's Name]
(Advocate for the Complainant)
[Advocate’s Address, Enrollment No., and Contact Details]
VERIFICATION
I, Mrs. Priya Sharma, the Complainant above named, do hereby verify that the contents of paragraphs 1 to 9 of the above complaint are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Verified at New Delhi on this ___ day of __________, 2025.
DEPONENT
(Signature of Mrs. Priya Sharma)
(To be accompanied by an affidavit)