Answer By law4u team
Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), the primary aggrieved person who can file a complaint is a woman, but the law also allows others to file a complaint on her behalf under specific circumstances. Here is a detailed explanation: 1. Who is the "Aggrieved Person"? As per Section 2(a) of the Act, the aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence. Therefore, a complaint can be filed by: A woman who is facing domestic violence A woman who was previously in a domestic relationship with the abuser (e.g., divorced or separated) 2. Who Can File the Complaint? According to Section 4(1) of the PWDVA: > "Any person who has reason to believe that an act of domestic violence has been, or is being, committed may give information to the Protection Officer." This means that the following persons can also file a complaint or report the violence: Any relative, friend, neighbor, or social worker A Protection Officer appointed under the Act A police officer Any public-spirited person or NGO They can report the matter or file a complaint even if the victim herself does not or is unable to file the complaint due to fear, pressure, or mental condition. 3. Filing Mechanism A complaint or report of domestic violence can be filed through: The Protection Officer of the area Police Station Magistrate’s Court (usually the Judicial Magistrate First Class or Metropolitan Magistrate) NGO or service provider recognized under the Act No legal fee is required to file such a complaint, and the proceedings are intended to be summary and victim-friendly. 4. Example Situations A mother-in-law assaults her daughter-in-law — the daughter-in-law can directly file the complaint. A neighbor hears frequent violent arguments and suspects abuse — they can report it to a Protection Officer. A woman is mentally unwell or threatened and cannot report — her friend or relative can file on her behalf. Conclusion: While the domestic violence complaint is generally filed by the woman who is the victim, others—such as relatives, friends, neighbors, NGOs, or Protection Officers—can also file the complaint on her behalf if they believe she is facing domestic violence. This wide scope under Section 4 ensures protection and access to justice even when the victim is unable to speak out.
