Understanding how to file a domestic violence case after separation is crucial for women and family members who continue to face abuse even after a relationship or marriage has ended. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides important civil remedies for women in abusive relationships including those who are separated. The law recognizes that domestic violence does not always end with separation, and that survivors need continued protection, maintenance, residence, and legal relief.

This legal guide explains all the key provisions under the PWDVA, the Bharatiya Nyaya Sanhita (BNS), and the Bharatiya Nagarik Suraksha Sanhita (BNSS)—updated after 1 July 2024. It will help you understand your rights, the legal process, and how to file a case with the support of family lawyers in Chandigarh, criminal defense advocates, and high court lawyers in Chandigarh.

Legal Framework for Domestic Violence Cases After Separation

The Protection of Women from Domestic Violence Act, 2005 (PWDVA)

The PWDVA is a civil law that provides comprehensive protection to women who are subjected to violence within domestic relationships. It includes physical, emotional, verbal, sexual, and economic abuse.

Importantly, Section 2(f) defines a domestic relationship as a relationship between two persons who live, or have at any point of time lived together in a shared household. Therefore, even after separation, a woman is legally entitled to file a complaint for past or continuing acts of violence.

Key Provisions Under PWDVA for Separated Women

Section 12 – Application to the Magistrate

A woman can file an application before the Magistrate of the First Class or Metropolitan Magistrate with the assistance of a Protection Officer, or through family advocates in Chandigarh. The Magistrate can grant:

  • Protection orders
  • Residence orders
  • Custody orders
  • Compensation
  • Maintenance

Section 17 – Right to Residence

Even if a woman is separated or not currently living in the shared household, she cannot be dispossessed or evicted from it without due process.

This is especially useful in situations where the woman was forced out after separation or continues to face threats from in-laws or estranged husbands.

Section 18 – Protection Orders

The Magistrate may issue protection orders preventing the respondent from:

  • Committing further acts of domestic violence
  • Communicating with or approaching the aggrieved woman
  • Visiting her workplace, home, or relatives

Section 19 – Residence Orders

Even after separation, the court can:

  • Restrain the abuser from evicting the woman
  • Direct the respondent to provide alternate accommodation

Section 20 – Monetary Relief

Covers financial compensation including:

  • Loss of earnings
  • Medical expenses
  • Maintenance for the woman and children

This relief is often handled by family lawyers and matrimonial dispute lawyers in Chandigarh who file both civil and interim petitions in family courts.

Section 21 – Custody Orders

If children are involved, the Magistrate can grant temporary custody to the woman, with visitation restrictions on the respondent if needed.

Section 22 – Compensation and Damages

The aggrieved woman can claim compensation for mental torture, emotional distress, and physical harm. Courts often award lump sum or periodic amounts.

Section 31 – Penalty for Breach of Order

Violation of any protection order is a criminal offense, punishable with imprisonment and fine. Action is taken under Bharatiya Nyaya Sanhita (BNS) provisions.

Criminal Remedies Available Alongside PWDVA

Bharatiya Nyaya Sanhita (BNS), 2023

The BNS replaces the Indian Penal Code and includes several provisions relevant to domestic violence cases post-separation.

  • Section 85 BNS – Cruelty by husband or relatives
  • Section 66 BNS – Assault and bodily harm
  • Section 67 BNS – Criminal force and hurt
  • Section 228 BNS – Stalking and harassment

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The BNSS, replacing the CrPC, governs procedure. Victims may:

  • File FIRs under BNSS Section 173
  • Approach Magistrate for cognizance under Section 223-227
  • Enforce orders through Protection Officers and police authorities

Filing both a civil case under PWDVA and a criminal case under BNS is a common dual-approach strategy used by criminal lawyers and criminal defense advocates in Chandigarh.

Step-by-Step Guide to Filing a Domestic Violence Case After Separation

Step 1: Consult a Legal Professional

Discuss your situation with a family lawyer, high court advocate, or criminal lawyer in Chandigarh who has experience with domestic violence and separation cases.

Step 2: File a Complaint Under PWDVA

  • Approach the Protection Officer appointed in your district or directly approach the Magistrate
  • File an application under Section 12 PWDVA
  • Attach an affidavit and supporting documents: medical records, messages, call logs, financial statements, etc.

Step 3: Request for Interim Protection

Apply for interim orders for protection, residence, custody, or monetary relief while the case is pending.

Step 4: File a Criminal Complaint (if applicable)

File an FIR under appropriate BNS sections for:

  • Cruelty (Section 85 BNS)
  • Harassment (Section 228 BNS)
  • Hurt or assault (Section 67 BNS)

This may require assistance from criminal defense lawyers in Chandigarh for proper section invocation and evidence collection.

Step 5: Appear Before Magistrate

You will be summoned to present your case. Statements will be recorded, and the Magistrate may:

  • Pass interim orders
  • Call the respondent
  • Initiate investigation or inquiry under BNSS Section 225

Can You File a Domestic Violence Case Years After Separation?

Yes. Courts have held that if the acts of violence continue, or the woman continues to suffer emotional, economic, or mental distress linked to the past relationship, a case can be filed even years after separation.

Notable judgments:

  • Krishna Bhattacharjee v. Sarathi Choudhury (2016): Supreme Court allowed domestic violence complaint after judicial separation.
  • Shalini v. Kishor (2021): Bombay HC upheld a complaint filed 3 years after separation, as financial abuse was ongoing.

Jurisdiction and Filing Location

A woman can file a case at:

  • The place where she resides currently
  • The place of the last shared household
  • The place where the domestic violence occurred

This means that even if the woman has moved to Chandigarh, she can file her case there with the help of family advocates or matrimonial dispute lawyers in Chandigarh.

Timeframe and Relief Duration

  • Interim relief can be granted within 2-4 weeks
  • Final orders may take 6 months to 1 year, depending on complexity
  • Breach of orders leads to criminal prosecution under PWDVA Section 31 and BNS provisions

Enforcement of Orders

Enforced through:

  • Protection Officers
  • Police
  • Family courts
  • High court advocates in Chandigarh, if an appeal or writ petition is required

Failure to comply may result in imprisonment, fines, or property seizure.

Common Legal Mistakes to Avoid

  • Not maintaining documented evidence (calls, chats, threats, financial records)
  • Not seeking interim relief early
  • Filing only a PWDVA case without considering criminal provisions
  • Waiting too long and losing opportunity to establish connection to abuse

Legal consultation with experienced criminal advocates and family lawyers in Chandigarh can prevent these mistakes.

 

When to Approach the High Court

You may need to approach the Punjab and Haryana High Court through a high court advocate in Chandigarh when:

  • Magistrate refuses to take cognizance
  • There’s a delay in issuing protection orders
  • Interim orders are violated and police fail to act

A writ petition or appeal may be filed under Article 226 of the Constitution.

Filing a domestic violence case after separation is not only legally permissible but also essential for protecting your physical, emotional, and economic well-being. The PWDVA, along with updated provisions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), ensures strong remedies for women—even after a marriage or relationship has ended.

Whether you’re seeking residence rights, protection from harassment, or custody of children, it’s vital to understand your legal options. Working with the right family lawyers in Chandigarh, criminal lawyers, or high court advocates can ensure that you receive timely, effective relief under the law.

FAQs on Filing a Domestic Violence Case After Separation

1. Can I file a domestic violence case after separation?

Yes. Under Section 2(f) of the Protection of Women from Domestic Violence Act (PWDVA), the law recognizes domestic relationships even after separation. Women can file a complaint for past or ongoing abuse. Indian courts have upheld this right in various cases. It’s recommended to consult experienced family lawyers in Chandigarh or matrimonial dispute lawyers in Chandigarh for legal drafting and filing assistance.

2. Can I claim residence or shelter if I don’t live in the shared household anymore?

Yes. As per Section 17 and Section 19 of the PWDVA, you can still claim your right to residence, even if you’re no longer living in the shared household. Courts can also direct the respondent to provide alternate accommodation. These provisions are regularly enforced with the help of matrimonial dispute lawyers in Chandigarh and family advocates in Chandigarh.

3. What criminal charges can I file along with the domestic violence case?

In addition to a civil complaint under PWDVA, you may file criminal charges under the Bharatiya Nyaya Sanhita (BNS), 2023, including:

  • Section 85 BNS – Cruelty by husband or in-laws
  • Section 67 BNS – Causing hurt or bodily harm
  • Section 228 BNS – Harassment or stalking

These criminal offenses can be pursued simultaneously with support from criminal lawyers in Chandigarh, criminal advocates, and criminal defense advocates in Chandigarh for thorough representation.

4. Is there a time limit to file a domestic violence complaint after separation?

There is no specific time limitation if the effects of abuse (like economic deprivation, emotional trauma, or withheld maintenance) continue after separation. However, seeking prompt legal advice from criminal defense lawyers in Chandigarh or high court advocates in Chandigarh helps build a stronger case and avoids procedural delays.

5. Can I get custody of my child while filing a domestic violence case?

Yes. Under Section 21 of the PWDVA, you can request interim or permanent custody of your child as part of the domestic violence petition. Courts typically grant custody in favor of the mother when the child’s safety or welfare is at risk. Skilled family advocates in Chandigarh and matrimonial dispute lawyers in Chandigarh can assist with filing custody petitions and securing favorable custody orders.