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Manish (accountant)     23 August 2012

Domestic violence act 2005


    I wanted to know if Domestic Violence Act 2005 is a Civil act or criminal act? If the domestic violence has happened in US, can the case be filed in India or have to be filed in US. Also, can a husband file domestic violence case against wife using this law? If not, what option does he have?


Thanks in advance.



 7 Replies

Anis (Asst. Manager - Sales)     23 August 2012

It is quasi criminal. There are no arrest till you adhere to the court orders passed in your case.

1 Like

stanley (Freedom)     23 August 2012


1. The DV Act is touted as a civil law . But the  proceedings are to be conducted as in criminal cases. It is designed to be a wolf in a sheep’s clothing. If you don’t adhere to the orders of a magistrate who is required to pass protection orders for immediate relief, this civil case turns into a criminal case for contempt . 

2. A husband cant file Domestic violence against the wife using this law at least in india .In india this law is gender biased . 

3. The only option for you is to contest the case .

4. There are a lot of reliefs for the women only like maintanence if she is not working ,custody ,rent etc  indirectly meaning that you would be stripped down up to your underwear :-)

Dont think too much , face it and have a nice day 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (     23 August 2012

1. It is a civil act, with criminal consequences if orders of the court are not followed.

2. It gives jurisdiction to courts of place where the woman has taken up residence. Hence it need not be filed only at place where alleged violence happenned. 

3. Husband cannot complain the wife. 


Adv. Bharat Chugh

1 Like

Manish (accountant)     23 August 2012

Thanks all.



1 Like

Ranee....... (NA)     24 August 2012

this is    Protection of Women from Domestic Violence Act 2005 

not   Protection of Men from Domestic Violence Act 20** 



he has the option to file for divorce on the ground of Cruelty.



Srinivas Dudala (Advocate)     26 August 2012

Don't worry, go through the act, and collect evidence which is in your favour.  In general, marriage is common in all the cases, but the facts would be different, and you have to see weather they are useful to you or not.

If a false case is filed, there are chances of winning the case.

I also agree with Mr. Stanley.

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