Compensation orders
Section 22 of the Protection of Women from Domestic Violence Act, 2005 deals with compensation orders. In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of dome The Act came into force on 26 Oct 2006.
In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.
Section 22, 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 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 compensation and damages for injuries including mental torture and emotional distress. Court held this is civil relief.
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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: Compensation orders for injuries, mental torture, and emotional distress; Court awarded Rs. 5,00,000/- compensation under this provision
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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… section 125 of the Cr.P.C. and that Section 128 applies, that will not clothe the learned Magistrate to take recourse to the provisions of the Kerala Revenue Recovery Act to realise an amount Ordered under the provisions of the Protection of Women from Domestic Violence Act, 2005 in the nature of compensation under Section 22 of the Protection of Women from Domestic Violence Act, 2005. Ext.P3(a) and P3(b) demand notices, under the Kerala Revenue Recovery Act, cannot therefore be sustained, and the same are hereby set aside. 12. The writ petition is allowed as indicated above. It is clarified that the remedies, if any, of the 1st …
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… section 125 of the Cr.P.C. and that Section 128 applies, that will not clothe the learned Magistrate to take recourse to the provisions of the Kerala Revenue Recovery Act to realise an amount Ordered under the provisions of the Protection of Women from Domestic Violence Act, 2005 in the nature of compensation under Section 22 of the Protection of Women from Domestic Violence Act, 2005. Ext.P3(a) and P3(b) demand notices, under the Kerala Revenue Recovery Act, cannot therefore be sustained, and the same are hereby set aside. 12. The writ petition is allowed as indicated above. It is clarified that the remedies, if any, of the 1st …
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… Revisionist is the husband of non-petitioner no.2 and father of the minor child. Revisionists no.2 to 9 are the father, mother, brothers, sisters of revisionist. Non-petitioner had filed a petition under Sections 12, 18, 19, 22 and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'said Act') for grant of maintenance rent of residence, monetary reliefs, compensation and protection from domestic violence, in the court of ACJM No.10, Jaipur city, Jaipur. 3. Non-petitioner no.2 also filed an application …
Questions about Section 22
What have the courts held on Section 22 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 under the Act. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2013 to 2017.
How do I find court cases under Section 22 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 22, section 22 DV Act, section 22 of the Protection of Women from Domestic Violence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 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 22 of the Protection of Women from Domestic Violence Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 22 of the Protection of Women from Domestic Violence Act come into force?
Section 22 of the Protection of Women from Domestic Violence Act, cited as DV Act 22, 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.