Domestic violence is not always visible. In many Indian households, it takes the form of control, fear, financial pressure, and emotional harm rather than visible bruises. The law recognises this reality. Over the years, Indian courts have repeatedly acknowledged that violence inside the home requires a legal response that is sensitive, accessible, and effective.
At the same time, debates around alleged misuse of domestic violence laws have also grown louder. Courts today are therefore walking a careful line. They aim to protect genuine victims while preventing abuse of legal process. This balance lies at the heart of how domestic violence complaints are handled in India today.
Understanding Domestic Violence Under Indian Law
The primary law governing domestic violence is the Protection of Women from Domestic Violence Act, 2005. The Act was enacted as a civil remedy, not as a punishment-focused criminal law. Its goal is protection, not prosecution.
Domestic violence under the Act is defined broadly. It includes:
Physical abuse
Verbal and emotional abuse
Sexual abuse
Economic abuse
Threats, intimidation, and coercive control
This wide definition recognises that harm in domestic relationships is often layered and ongoing, rather than a single incident.
Importantly, the law applies not only to married women but also to women in live-in relationships and shared households. Relief can be sought against husbands, partners, and even other adult family members in appropriate cases.
Key Legal Rights Available to Aggrieved Women
A woman filing a domestic violence complaint is not limited to one form of relief. The Act provides multiple safeguards, depending on her situation.
Some of the most commonly sought remedies include:
Protection orders restraining the respondent from committing further acts of violence
Residence orders allowing the woman to continue living in the shared household
Monetary relief for expenses, loss of earnings, and maintenance
Custody orders for minor children
Compensation orders for mental trauma and emotional distress
These remedies can be sought through the Magistrate’s Court, often with the assistance of a Protection Officer. The process is designed to be quicker and less formal than traditional litigation, though delays remain a practical concern in many jurisdictions.
Criminal Proceedings and Parallel Remedies
Domestic violence complaints often intersect with criminal law. Many complainants also file cases under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives.
Courts have clarified that proceedings under the Domestic Violence Act are independent and in addition to criminal remedies. A woman can pursue both without one cancelling the other.
However, this overlap has also contributed to allegations of misuse, particularly when multiple cases are filed simultaneously during matrimonial disputes.
Allegations of Misuse and Judicial Concerns
Concerns about misuse are not new. Over the last decade, courts have repeatedly acknowledged that matrimonial laws can sometimes be used as tools of pressure rather than protection.
In Sushil Kumar Sharma v. Union of India (2005), the Supreme Court observed that misuse of Section 498A could lead to legal terrorism, though it upheld the constitutional validity of the provision.
Later, in Rajesh Sharma v. State of Uttar Pradesh (2017), the Court attempted to introduce safeguards against automatic arrests in 498A cases. While some of these directions were later modified, the message was clear. Due process matters.
With respect to the Domestic Violence Act, courts have taken a slightly different approach. Since the Act is largely civil in nature, the risk of immediate arrest is lower. Still, false or exaggerated complaints can cause reputational harm and prolonged litigation.
How Courts Distinguish Genuine Cases from Abuse of Process
Indian courts rely on judicial scrutiny rather than blanket assumptions. No complaint is dismissed merely because misuse is alleged. Equally, no complaint is accepted without examination.
Some of the factors courts look at include:
Consistency of allegations over time
Supporting material such as messages, medical records, or financial documents
Conduct of parties before and after separation
Whether reliefs sought are proportionate or punitive in nature
In Kusum Lata Sharma v. State (2018), the Delhi High Court emphasised that vague and omnibus allegations against all family members without specific roles must be approached with caution.
At the same time, courts have also warned against trivialising genuine suffering under the label of misuse.
Shared Household and Residence Rights
One of the most litigated aspects of domestic violence law is the right to reside in a shared household. The Supreme Court, in Satish Chander Ahuja v. Sneha Ahuja (2020), clarified that a woman’s right to residence is not dependent on ownership or title.
This judgment expanded the scope of protection, especially for women who were earlier denied residence because the property was owned by in-laws.
However, courts have also held that residence orders should not be passed mechanically. Equitable considerations, alternative accommodation, and safety of all parties are relevant factors.
Interim Relief and the Need for Judicial Balance
Interim orders are often the first relief granted in domestic violence cases. These orders can significantly impact both parties. Courts have therefore stressed the importance of applying mind at the interim stage.
In Kunapareddy v. Kunapareddy Swarna Kumari (2016), the Supreme Court recognised the flexibility of DV proceedings but reiterated that principles of natural justice must be followed.
Magistrates are expected to strike a balance. Immediate protection is essential where violence is apparent. At the same time, interim orders should not become a substitute for final adjudication.
The Role of Lawyers and Responsible Litigation
Domestic violence litigation is emotionally charged. Poor legal advice can worsen conflict rather than resolve it. Courts have increasingly encouraged mediation where appropriate, without forcing reconciliation.
For complainants, the focus should remain on safety and stability, not retaliation. For respondents, early legal guidance and compliance with court directions often prevent escalation.
Lawyers play a critical role in ensuring that the law serves its purpose rather than becoming another source of harm.
Conclusion
Domestic violence laws in India were enacted to protect dignity, safety, and autonomy within intimate relationships. They are rooted in social realities that cannot be ignored. At the same time, the judiciary has acknowledged the need for safeguards against misuse.
The evolving approach of Indian courts shows a clear intent. Protect genuine victims, ensure fair process, and prevent abuse of law. This balance, though imperfect, reflects a mature legal system responding to complex human situations.