Protection orders
Section 18 of the Protection of Women from Domestic Violence Act, 2005 deals with protection orders. The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-- (a The Act came into force on 26 Oct 2006.
The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from--
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order.
Section 18, The Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi
Court's Decision & Legal Precedent
When a suit between licensor and licensee for recovery of possession of immovable property is cognizable by a Small Causes Court under Section 26(1) of the Provincial Small Cause Courts Act, 1887 (as amended by Maharashtra Act 24 of 1984), the counter-claim filed by the defendant seeking residence rights under Section 19 of the Protection of Women from Domestic Violence Act, 2005 is fully entertainable by the Small Causes Court, as the 'non obstante' clause in Section 26(1) overrides the jurisdictional limitations in Schedule II (Item 11), and Section 26 of the DV Act 2005 explicitly permits reliefs under Sections 18-22 to be sought in any legal proceeding before a civil court, including Small Causes Courts.
On this section: Cited as one of the reliefs available to aggrieved persons under the Act
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Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari
Court's Decision & Legal Precedent
Courts dealing with petitions/complaints filed under the Domestic Violence Act, 2005 have the inherent power to allow amendments to such petitions/complaints even though no specific amendment provision exists in the Criminal Procedure Code, 1973. Such amendments can be allowed in appropriate cases where: (1) the amendment relates to curable infirmities or subsequent events creating new causes of action; (2) allowing the amendment serves to avoid multiplicity of litigation; (3) no cognizance has been taken or summons issued; (4) the amendment does not fundamentally change the nature of the complaint; and (5) no prejudice is caused to the respondent. The civil nature of reliefs available under the Domestic Violence Act and the Legislature's intent as reflected in Section 28(2) support the exercise of this power.
On this section: Empowers Magistrate to grant protection orders. Court held that prayer for protection falls within this section.
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Saraswathy vs Babu
Court's Decision & Legal Precedent
The conduct of the respondent-husband in preventing the appellant-wife from residing in the shared household, even after court orders granting her restitution of conjugal rights, constitutes continuance of domestic violence including economic abuse. Conduct of parties prior to the enactment of the Protection of Women from Domestic Violence Act, 2005 can be taken into consideration while passing orders under Sections 18, 19, and 20 of the PWD Act, 2005. In cases of continued domestic violence following court orders, courts are competent to grant protection orders, residence orders, maintenance, and compensation for mental torture and emotional distress under the PWD Act, 2005.
On this section: Protection orders prohibiting commission of acts of domestic violence; Court directed implementation and compliance with previously passed protection order
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Vijayakumari v. Jayakumar
Court's Decision & Legal Precedent
HC Final Order order-1.pdf 2024-07-05 DATE VERIFIED. High Court of Kerala, Ernakulam. Bechu Kurian Thomas. OP(Crl.) 56/2024. Isolates DV 18: whether an interim restraint on dispossession from the shared household is a protection order under s.18 (so s.31 penalty can attach) or only a s.19 residence order. Holds 18(a)/(g) can include shared-household access as protection; the character of the order follows its nature and terms. Leading HC (wave33 had 0 new HC). Do not pad 19 (already filled). Juveria remains a maintainability/basket miss, not 18 ingredients.
On this section: DV 18 protection orders can restrain dispossession from the shared household; s.31 tracks 18 not 19 (Vijayakumari, Kerala HC). Do not pad 19. Juveria is not 18 ingredients.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The respondents incorporated Sections 18, 20(1)(d) and 26 of the Protection of Women from Domestic Violence Act in their petition to claim maintenance. 13. Section 18 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as the 'D.V. Act') deals with the protection orders which a Magistrate can pass on a petition filed by the aggrieved person. Section 20(1)(d) of the D.V. Act clearly says that, while disposing of an application under subsection 1 of …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 18
What have the courts held on Section 18 of the Protection of Women from Domestic Violence Act?
Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi (09 May 2017) is the leading judgment on this section among those set out below: Cited as one of the reliefs available to aggrieved persons under the Act. Another 3 judgments on this section are set out below, 3 of them from the Supreme Court. They run from 2013 to 2024.
How do I find court cases under Section 18 of the Protection of Women from Domestic Violence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: DV Act 18, section 18 DV Act, section 18 of the Protection of Women from Domestic Violence Act. People searching for it also type dv act 18 19 20 and dv act 18 e. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Vaishali Abhimanyu Joshi vs Nansaheb Gopal Joshi (09 May 2017).
What should I read with Section 18 of the Protection of Women from Domestic Violence Act, and has it changed?
4 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Protection of Women from Domestic Violence Rules, 2006 (2006).
When did Section 18 of the Protection of Women from Domestic Violence Act come into force?
Section 18 of the Protection of Women from Domestic Violence Act, commonly called protection order domestic violence, and cited as DV Act 18, came into force on 26 Oct 2006, having been enacted on 13 Sep 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions623 words
- 3. Definition of domestic violence482 words
- 37. Power of Central Government to make rules443 words
- 19. Residence orders431 words
- 9. Duties and functions of Protection Officers360 words
- 20. Monetary reliefs336 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.