Section 18 of Domestic Violence Act, 2005
Section 18 – Protection Orders under PWDVA, 2005
Text of Section 18
“Protection orders”:
If the aggrieved person alleges domestic violence, the Magistrate may issue a protection order to prevent the respondent from:
Committing domestic violence.
Entering the aggrieved person’s residence.
Communicating with the aggrieved person, directly or indirectly.
Disturbing the peace of the aggrieved person.
These orders can be ex parte (without the respondent being present) initially, and later confirmed or modified after notice to the respondent.
Key Features of Section 18
| Feature | Explanation |
|---|---|
| Purpose | To provide immediate protection to the aggrieved person from domestic violence. |
| Type of Order | Injunction-like order: prevents certain acts rather than punishing past acts. |
| Ex Parte Orders | Magistrate can issue temporary protection orders without hearing the respondent if necessary. |
| Duration | Court decides the duration; can be extended as needed. |
| Scope | Applies to: husband, live-in partner, relatives of husband/partner (per Sec. 2(f) PWDVA). |
| Enforcement | Violation of protection order is punishable under Sec. 31 (contempt/penal action). |
Relief under Section 18
Protection orders can include:
Stay away – preventing respondent from entering aggrieved person’s workplace or residence.
No communication – direct or indirect contact (calls, messages, emails).
Prohibit harassment – preventing acts like intimidation, mental or verbal abuse.
Return of stridhan or property – if needed to prevent further harassment (can overlap with Sec. 19).
Case Laws on Section 18 PWDVA
Sakshi v. Union of India (2004) – Pre-PWDVA PIL
Laid foundation for effective domestic violence remedies. Court emphasized need for protection orders to safeguard women immediately.
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016, SC)
Supreme Court clarified that protection orders under Sec. 18 are separate from monetary relief.
Ex parte orders can be passed initially and then modified after hearing respondent.
Surinder Kaur v. State of Punjab (2010)
SC held that violation of protection order attracts penal consequences under Sec. 31.
Protection order can restrict communication and entry into shared household.
Suman Bala v. Union of India (2019)
Delhi High Court upheld interim ex parte protection orders to prevent harassment, emphasizing speedy relief is key to effectiveness.
Procedure under Section 18
Application → Filed by aggrieved person before Magistrate (Sec. 12 PWDVA).
Ex parte order → Magistrate may issue if immediate danger exists.
Notice to Respondent → Respondent is given an opportunity to appear and contest.
Confirmation / Modification → Court finalizes the protection order based on evidence.
Enforcement → Violation can lead to penal action under Sec. 31 IPC/PWDVA.
Summary Table
| Aspect | Details |
|---|---|
| Provision | Section 18, PWDVA, 2005 |
| Objective | Immediate protection against domestic violence |
| Nature of Order | Injunction-like; prohibits certain acts |
| Ex Parte | Allowed initially if necessary |
| Relief | Stay away, no communication, no harassment, return of property |
| Enforcement | Violation punishable under Sec. 31 PWDVA |
| Key Cases | Hiral P. Harsora v. Kusum Narottamdas, Surinder Kaur v. Punjab, Suman Bala v. Union of India |
✅ In short: Section 18 empowers the court to issue protection orders to immediately safeguard the aggrieved woman from physical, verbal, or mental harassment, ensuring safety and peace of mind, even before full trial or hearing.
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