Know Your Rights: Legal Protections for Women Under the Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act (PWDVA) of 2005 is a landmark law in India designed to safeguard women from various forms of domestic abuse.
It is a civil law, distinct from criminal statutes, that provides a comprehensive framework for protection and relief. However, it also complements other criminal and civil laws to offer a complete shield against exploitation.
At Legal Light Consulting, we specialize in helping women, particularly those in NRI marriages, understand and enforce their rights under this legislation. Here’s a detailed overview of the specific rights available to women under the PWDVA and related legal provisions.
Legal Light Consulting – LLC Lawyers for NRI Services and Family Law Expertise
Domestic violence is not confined to physical abuse—it includes emotional, economic, and psychological exploitation. Recognizing the multifaceted nature of abuse, the Indian government enacted the Protection of Women from Domestic Violence Act (PWDVA), 2005, offering comprehensive safeguards to women across all social and geographic boundaries.
At Legal Light Consulting, one of India’s leading law firms for NRI family law, we help women—especially those in cross-border marriages—understand and assert their rights. This article outlines the specific legal protections available to women under Indian law, including key provisions from the IPC, CrPC, and landmark judgments.
Rights of Women Against Exploitation
1. Right Against Physical and Sexual Exploitation
Under Section 498A of the Indian Penal Code (IPC), a woman can file a criminal complaint against her husband or in-laws for cruelty, which includes physical violence, sexual abuse, and emotional harassment.
Legal Light Consulting assists clients in filing FIRs, collecting evidence, and pursuing justice through family and criminal courts.
2. Right Against Economic Exploitation
Section 125 of the Criminal Procedure Code (CrPC) empowers women to claim maintenance from their husbands if they are unable to support themselves financially.
Our lawyers help draft maintenance petitions and represent women in court to secure fair financial support.
3. Right to Compensation Against Desertion
In the landmark case 1994 6 SCC 641, the Supreme Court upheld a woman’s right to compensation when deserted by her husband without cause.
Legal Light Consulting provides strategic legal remedies for women abandoned in India or abroad, including NRI desertion cases.
4. Right to Custody of Children Below 5 Years
Indian law presumes that children under the age of five should remain in the custody of the mother, unless proven otherwise.
We help mothers secure custody orders and negotiate visitation rights, especially in international custody disputes.
5. Right to Recover Matrimonial Gifts and Streedhan
Women have the legal right to reclaim streedhan—gifts and valuables given to them during marriage—as well as other matrimonial presents.
Our team assists in filing recovery claims and protecting women’s property rights during divorce or separation.
6. Right Against Dowry
The Dowry Prohibition Act, 1961, criminalizes the demand, giving, or taking of dowry. Women can file complaints against dowry harassment and related cruelty.
Legal Light Consulting supports victims in initiating legal action and securing protection orders.
7. Right Against Cruelty, Bodily Harassment, and Torture
Cruelty includes mental and physical torture, threats, humiliation, and isolation. These are punishable under various sections of the IPC and PWDVA.
We help women document abuse and seek restraining orders, compensation, and safe shelter.
8. Right Against Domestic Violence (Section 3 of PWDVA)
Section 3 of the Protection of Women from Domestic Violence Act defines domestic violence broadly to include:
- Physical abuse
- Sexual abuse
- Verbal and emotional abuse
- Economic abuse
Women can seek protection orders, residence orders, monetary relief, and custody orders under this Act.
Legal Light Consulting offers end-to-end support—from filing applications to representing clients in protection proceedings.
Special Focus: NRI Marriages and Cross-Border Protection
Women in NRI marriages often face unique challenges—abandonment, visa dependency, and lack of local support. Legal Light Consulting specializes in:
- Filing complaints in India for offences committed abroad
- Coordinating with Indian Missions and NGOs overseas
- Securing maintenance, custody, and property rights across jurisdictions
- Advising on international family law and treaty protections
Protection Against Physical and Sexual Exploitation for NRIs
The PWDVA explicitly defines and prohibits physical, sexual, verbal, emotional, and economic abuse. While the PWDVA offers civil remedies like protection orders, the criminal aspect of such abuse is addressed under Section 498A of the Indian Penal Code (IPC).
This section makes it a punishable offense for a husband or his relatives to subject a woman to cruelty, which includes conduct that could drive her to suicide, cause grave injury, or harassment for dowry.
Right to Economic and Financial Security for NRIs
A woman has the right to live a life free from economic exploitation. This is protected under the PWDVA, which defines economic abuse as the deprivation of a woman’s financial resources, including her salary, maintenance, and assets.
Additionally, Section 125 of the Code of Criminal Procedure (CrPC) provides a clear legal avenue for a wife to claim maintenance from her husband if he neglects or refuses to maintain her, as long as she is unable to maintain herself.
Right to Compensation and Damages for NRIs
The PWDVA allows a woman to seek a compensation order for injuries, including emotional and mental distress, caused by domestic violence. This provides a formal mechanism for her to be compensated for losses like medical expenses, loss of earnings, and property damage resulting from her husband’s actions, including desertion.
Rights to Custody of Children and Property for NRIs
The PWDVA provides an aggrieved woman with the right to seek a custody order for her children. Indian law generally favors the mother for the custody of children below the age of five years, presuming that the child’s welfare is best served under the mother’s care.
A woman also has the right to reclaim her Stridhan and other matrimonial presents. Stridhan is property a woman receives before, during, or after marriage, which is her absolute and exclusive property.
If a husband or his relatives misappropriate this property, a woman can file a criminal complaint under Section 406 of the IPC for criminal breach of trust.
Protection Against Dowry-Related Harassment for NRIs
The Dowry Prohibition Act of 1961 makes both giving and taking dowry a criminal offense. The PWDVA further strengthens this by including harassment for dowry as a form of domestic violence, allowing women to seek protection orders against such demands.
This right ensures a woman is protected from any form of physical or emotional cruelty, bodily harassment, or torture related to dowry.
