Legal Article

Interim relief in domestic violence act

Shivendra Pratap Singh


High Court Lucknow

Article | Domestic Violence

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Published on: 22 Jan, 2023

The Protection of Women from Domestic Violence Act (PWDVA) is a law in India that provides for the protection of women from domestic violence. The Act provides for various forms of relief for women who are victims of domestic violence, including interim relief.

Interim relief refers to a temporary measure that is granted by the court while a case is pending. Under the PWDVA, an aggrieved woman (a woman who is a victim of domestic violence) can apply to the court for interim relief, which may include the following:

  • Residence Order: This order allows the aggrieved woman to continue residing in the shared household (i.e. the household where the domestic violence took place) and the respondent (the person committing the domestic violence) is ordered to vacate the shared household.
  • Monetary Relief: This order allows the aggrieved woman to receive monetary relief for her maintenance and the maintenance of her children, if any.
  • Protection Order: This order prohibits the respondent from committing any act of domestic violence, and also prohibits the respondent from entering certain specified places where the aggrieved woman resides or works.
  • Medical Expenses: This order requires the respondent to pay for the medical expenses of the aggrieved woman and her children, if any.
  • Custody of Children: This order allows the aggrieved woman to have the custody of her children, if any.

It’s important to note that the PWDVA provides for the immediate relief for the aggrieved woman, which can be obtained within 24 hours of the complaint being filed. The interim relief can be granted by the court after hearing the aggrieved woman and the respondent, and without notice to the respondent if the court is satisfied that the case is an emergency. The interim relief granted under the PWDVA is valid until the final disposal of the case.


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