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The short answer
A domestic violence complaint in Odisha can be made to the district Protection Officer of the Women and Child Development Department, to the police, or directly to the Judicial Magistrate by an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Magistrate can pass protection, residence, maintenance, custody and compensation orders, including urgent interim orders. In an emergency, call 181 (women helpline) or 112.
A domestic violence complaint in Odisha can be taken to the district Protection Officer, the police, a One Stop Centre or straight to the Magistrate, and the law allows urgent orders to protect a woman and keep her in her home. This guide explains who can apply, what the court can order, and how the case moves.
Immediate help in Odisha
- 181 Women Helpline: toll-free, 24 hours, run by the Women and Child Development Department. It links to police, ambulance and the One Stop Centres.
- 112: the emergency response number for police.
- Sakhi One Stop Centres: the department reports 39 centres across all 30 districts, offering emergency help, police facilitation, medical aid, legal aid, counselling and short-stay shelter in one place.
- Free legal aid: every woman is entitled to free legal services through the District Legal Services Authority, whatever her income. See free legal aid in Odisha.
What the Domestic Violence Act covers
The Protection of Women from Domestic Violence Act, 2005 (often called the DV Act or PWDVA) is mainly a civil law. Its purpose is to end the violence and secure the woman's home and finances quickly, not primarily to punish. A domestic violence complaint in Odisha can be filed alongside, or separately from, a criminal case for cruelty or dowry harassment.
Who can apply
Any woman who is or has been in a domestic relationship with the respondent: a wife, a woman in a relationship in the nature of marriage (a live-in relationship that meets the tests in D. Velusamy v. D. Patchaiammal, 2010), a mother, sister, daughter, widow or other female relative living or having lived in a shared household.
Against whom
The husband or male partner and his relatives. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court struck down the words "adult male" from the definition of respondent, so a complaint can also be filed against female relatives such as a mother-in-law.
What counts as domestic violence (Section 3)
- Physical abuse: hitting, causing hurt or danger to life or health.
- Sexual abuse: conduct of a sexual nature that abuses, humiliates or degrades.
- Verbal and emotional abuse: insults, name-calling, ridicule, especially about not having a child or a son, and threats.
- Economic abuse: denying money for household needs, taking away her stridhan or salary, selling household goods or the house, or keeping her out of the home.
- Harassment over dowry demands is expressly included.
The Act also covers relationships in the nature of marriage; see live-in relationships and the law.
Protection Officers in Odisha
Under Section 8, the State appoints Protection Officers. In Odisha these are officers of the Women and Child Development Department at district level; in some districts a Child Development Project Officer (CDPO) holds charge. The department publishes a district-wise list with contact numbers on wcd.odisha.gov.in. In May 2025 the Supreme Court directed all States to designate Protection Officers at district and taluka level and to make sure shelters and service providers are available.
The Protection Officer's duties (Section 9) include recording a Domestic Incident Report (DIR), helping the woman file an application before the Magistrate, arranging medical examination, shelter and legal aid, and later helping enforce the court's orders. A registered service provider (an NGO recognised under Section 10) or the police can also record a DIR.
Domestic violence complaint in Odisha: the procedure step by step
- Record what happened. Note dates and incidents, keep medical records, photographs, messages, and names of witnesses. Make a list of stridhan and belongings.
- Approach the Protection Officer, a service provider, the police or the One Stop Centre. A DIR is prepared and sent to the Magistrate. In Prabha Tyagi v. Kamlesh Devi (2022) the Supreme Court held that a DIR is not a precondition; the Magistrate must consider it if there is one, but can act on the application without it.
- File the application under Section 12 before the Judicial Magistrate First Class (or Metropolitan Magistrate). Under Section 27 it can be filed where the woman lives, even temporarily, works or carries on business, where the respondent lives, or where the violence took place. An advocate, the Protection Officer or the legal aid lawyer can help draft it.
- Ask for interim relief. Under Section 23 the Magistrate can pass interim orders, and ex parte orders on the woman's affidavit where the facts show violence has occurred or is likely.
- Notice and first hearing. The Act says the first hearing should ordinarily be within three days of receipt of the application (Section 12(4)), and that the court should try to dispose of the case within 60 days of the first hearing (Section 12(5)). In practice it often takes longer.
- Counselling may be ordered under Section 14, but the woman cannot be forced to settle.
- Final order and appeal. Either side can appeal to the Court of Session within 30 days of the order (Section 29).
Reliefs the court can grant
| Order | Section | What it does |
|---|---|---|
| Protection order | 18 | Bars the respondent from committing violence, entering her workplace or the children's school, contacting her, or operating joint bank accounts and selling joint assets |
| Residence order | 19 | Prevents dispossession from the shared household, can remove the respondent from it, or directs him to arrange alternative accommodation or pay rent |
| Monetary relief | 20 | Maintenance, medical expenses, lost earnings, and loss of property |
| Custody order | 21 | Temporary custody of children, with visitation for the respondent if safe |
| Compensation | 22 | For injuries, including mental torture and emotional distress |
| Interim and ex parte orders | 23 | Any of the above while the case is pending |
These reliefs can also be sought in a pending divorce, maintenance or civil case (Section 26), so a woman with a case already in the Family Court can ask for them there.
Right to residence in the shared household
Under Section 17 every woman in a domestic relationship has the right to reside in the shared household, whether or not she has any title or interest in it, and she cannot be evicted except by legal process. In Satish Chander Ahuja v. Sneha Ahuja (2020) the Supreme Court held that the shared household can include a house owned by the husband's relatives, such as his parents, where she lived in the domestic relationship. The court balances this against the rights of elderly owners, and can direct alternative accommodation instead.
If the respondent breaks the order
Breach of a protection order (including an interim order) is an offence under Section 31, punishable with imprisonment up to one year, fine up to Rs 20,000, or both, and it is cognizable and non-bailable (Section 32). Report the breach to the police or the Protection Officer, or inform the Magistrate. Unpaid monetary relief can be recovered through the court, and the Magistrate can direct an employer or debtor to pay part of the respondent's salary directly to her.
Related criminal and family remedies
- Cruelty and dowry harassment: dowry cases in Odisha, and to register a police case, how to file an FIR in Odisha.
- Maintenance under Section 144 BNSS: maintenance cases in Odisha.
- Custody of children: child custody in Odisha.
Family matters are described under family and succession, and the courts that hear them under courts.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଘରୋଇ ହିଂସା | gharoi hinsa | domestic violence |
| ଖୋରପୋଷ | khorapos | maintenance |
Frequently asked questions
Who is the Protection Officer in my district in Odisha?
Protection Officers are officers of the Women and Child Development Department at district level, sometimes a CDPO in charge. The district-wise list with phone numbers is on wcd.odisha.gov.in, or call 181 for help in reaching them.
Can I file a domestic violence case directly in court?
Yes. You can file an application under Section 12 of the DV Act before the Judicial Magistrate without first going to the Protection Officer or police. The Supreme Court has held that a Domestic Incident Report is not a precondition.
Can my in-laws evict me from their house during a DV case?
Not except by legal process. Section 17 gives a woman the right to reside in the shared household, and the Supreme Court held in Satish Chander Ahuja (2020) that this can include a house owned by the husband's relatives. The court can pass a residence order to protect her.
Is there a time limit to file a domestic violence complaint?
There is no fixed time limit for an application under Section 12. A limitation period applies only to prosecuting a breach of a protection order, and runs from the breach.
Can a woman in a live-in relationship use the DV Act?
Yes, if the relationship is "in the nature of marriage", for example the couple lived together for a significant period and held themselves out as spouses, as explained in D. Velusamy (2010).
What happens if the husband violates a protection order?
Breach of a protection order is a cognizable, non-bailable offence under Section 31, punishable with up to one year of imprisonment, a fine up to Rs 20,000, or both. Report it to the police or the Magistrate.
Official sources
- Protection of Women from Domestic Violence Act, 2005 (India Code)
- Women and Child Development Department, Odisha: DV Act, 181 helpline and One Stop Centres
- Odisha State Legal Services Authority
- Supreme Court of India: Satish Chander Ahuja (2020), Prabha Tyagi (2022)
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.