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Who is eligible to file a domestic violence complaint?

06-Feb-2026
Domestic Violence

Answer By law4u team

In India, under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), any woman who is a victim of domestic violence can file a complaint. The law is designed to protect women from violence within the home, including physical, emotional, economic, and sexual abuse. Eligibility to file a complaint includes: 1. Women of all ages – This includes married women, women in live-in relationships, and women living in a shared household, even if they are not married or related by blood. 2. Women living in a domestic relationship – A woman can file a complaint if she is in a domestic relationship with the person who is abusing her. This includes relationships where the woman lives with a man, regardless of marriage or blood relation. 3. Women who have been subjected to domestic violence – Any form of abuse like physical violence, sexual violence, emotional abuse, or economic abuse is covered under the Act. 4. Family members, friends, or others – The law also allows other people (like family members or friends) to file the complaint on behalf of the woman, especially if she is unable to do so due to fear or incapacity. 5. Any woman facing violence in a live-in relationship – The law acknowledges that domestic violence protections apply to women in live-in relationships (not just legally married women). The complaint can be filed in front of a Magistrate at a domestic violence court or at the Protection Officer or Service Provider assigned under the Act. So, if you or someone you know is experiencing domestic violence, they have the right to file a complaint, regardless of whether they are married or living with the abuser in a domestic relationship.

Answer By Ayantika Mondal

Dear Client, as per your query, as prescribed by the Protection of Women from Domestic Violence Act, 2005, an “aggrieved person” defined in Section 2(a), is any woman who is or has been in a domestic relationship and suffered or suffers from domestic violence, and such person can file a complaint under the said act. Section 12(1) of the said act prescribes that “An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate.” I hope this answer is helpful. In case of further queries, please do not hesitate to contact us. Thank You.

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