How to Get Monetary Relief under the Domestic Violence Act (2026)
How to get monetary relief, including maintenance, under the Protection of Women from Domestic Violence Act in 2026: Section 20, interim relief under Section 23, how to apply, and how it is enforced. Last verified October 2026.
How-To Guide · Family Law
A woman who faces domestic violence can ask the court not only to stop the abuse but also for money. This money is called monetary relief, and it is given under Section 20 of the Protection of Women from Domestic Violence Act, 2005. It covers her loss of earnings, medical expenses, loss caused to her property, and maintenance for her and her children. She can also get interim relief quickly while the case is going on. This guide explains what Section 20 covers, how to apply before the Magistrate, how to get urgent interim relief, and how the order is enforced. Last verified October 2026.
- Provision: monetary relief is given under Section 20 of the Protection of Women from Domestic Violence Act, 2005.
- What it covers: loss of earnings, medical expenses, loss to property, and maintenance for the woman and her children, which can be in addition to general maintenance.
- How to apply: an application under Section 12 before the Magistrate, which can include several reliefs at once.
- Urgent money: ask for interim or ex parte relief under Section 23, and enforce an unpaid order by directing the respondent's employer or debtor to pay.
01What monetary relief covers
Section 20 of the Act lets the Magistrate order the respondent to pay monetary relief to meet the expenses and losses caused by domestic violence. It includes:
- Loss of earnings suffered by the woman;
- Medical expenses for injuries caused by the violence;
- Loss caused by the destruction, damage or removal of property she is entitled to; and
- Maintenance for her and her children, which can be in addition to maintenance ordered under the general law.
The relief must be adequate, fair and reasonable, and consistent with the standard of living the woman is used to. This is a wide power, and it is one of the main reasons women use this Act rather than, or along with, a general maintenance petition.
02Who can claim and from whom
The Act protects an aggrieved woman who is, or has been, in a domestic relationship with the respondent and alleges domestic violence. This includes a wife, a woman in a relationship in the nature of marriage, a mother, a sister, or other women living in a shared household.
Monetary relief under Section 20 is maintenance-like, and the Act allows it in addition to maintenance under the general maintenance law. For how general maintenance works, see how to file a maintenance petition. A woman can pursue relief under this Act even while other matrimonial cases are going on.
03How to apply under Section 12
The relief is sought by an application under Section 12 before the Magistrate (a Judicial Magistrate First Class or a Metropolitan Magistrate). In one application you can ask for several reliefs together: a protection order, a residence order, custody, and monetary relief under Section 20.
- Get help: a Protection Officer or a registered service provider can help you prepare a domestic incident report and file the application.
- Jurisdiction: file where you live, where the respondent lives, or where the domestic violence took place.
- Documents: proof of the relationship, proof of income and expenses, medical bills, and anything showing your standard of living and the respondent's means.
For the wider procedure under the Act, see how to file a domestic violence case under Section 12 and how to file a domestic violence complaint.
04Interim relief under Section 23
You do not have to wait for the whole case to finish to get money. Under Section 23, the Magistrate can pass an interim order at any stage, and can even pass an ex parte order, that is, without first hearing the respondent, on the basis of your affidavit, if the application shows that domestic violence has taken place or is likely.
This is a lifeline, because it means urgent maintenance and expenses can start during the case rather than only at the end. Courts have held that interim maintenance can be granted in a Section 12 application without a separate application, after hearing the respondent in the normal course.
Ask for interim relief early
Request interim monetary relief under Section 23 right at the start, with a clear statement of your monthly needs and the respondent's income, so the court has what it needs to fix an interim amount quickly.
05How the amount is fixed
The Magistrate fixes a fair amount after looking at your reasonable needs, your standard of living, and the respondent's income and means. The order can be for a lump sum or for monthly payments, or both.
Keep your claim realistic and well supported. Set out your rent, children's school fees, medical costs and daily expenses, and give whatever proof you have of the respondent's salary, business or assets. The better the figures are proved, the fairer and more enforceable the order.
06Enforcement if he does not pay
An order is only as good as its enforcement, and the Act gives teeth to Section 20 orders.
- The Magistrate sends a copy of the order to the parties and to the police station where the respondent lives.
- If the respondent fails to pay, the Magistrate can direct his employer or a debtor to pay the amount directly to the woman, or to deposit part of his wages or the debt with the court.
- A Section 20 order is enforced in the same way as a maintenance order, so recovery methods available for maintenance apply.
- Breach of a protection order is itself an offence under Section 31 of the Act.
For enforcing maintenance, see how to enforce a maintenance order. If you need a protection order too, see how to get a protection order under the Act. An appeal against the Magistrate's order lies to the Court of Session within 30 days; see how to file a domestic violence appeal.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Monetary relief outcomes turn on how courts have fixed amounts, granted interim relief, and enforced orders in similar cases. Claw lets you search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to find domestic violence and maintenance rulings close to your facts, with results in under 5 seconds. Once your application is filed, Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can follow it by party name and never miss a date. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to find monetary relief rulings and track your case, using case search across Indian courts. You can also follow family court matters through case search for family courts.
08Sources and further reading
- India Code (Protection of Women from Domestic Violence Act, 2005): indiacode.nic.in
- Ministry of Women and Child Development: wcd.nic.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Take help from a Protection Officer, a service provider, or an advocate before you act.
09Frequently asked questions
How do I get maintenance under the Domestic Violence Act?
File an application under Section 12 before the Magistrate and ask for monetary relief under Section 20, which includes maintenance. Attach proof of your income, expenses and standard of living and the respondent's means. You can also ask for interim relief under Section 23 so money starts during the case.
What does monetary relief under Section 20 cover?
It covers loss of earnings, medical expenses for injuries from the violence, loss caused by the destruction, damage or removal of property, and maintenance for the woman and her children. It must be fair and consistent with the standard of living she is used to, and can be a lump sum or monthly payments.
Can I get maintenance quickly without waiting for the case to finish?
Yes. Under Section 23 the Magistrate can pass an interim order, and even an ex parte order on your affidavit, if the application shows domestic violence has taken place or is likely. This lets urgent maintenance and expenses start during the case.
Is this maintenance in addition to maintenance under the general law?
It can be. Monetary relief under Section 20 is maintenance-like and the Act allows it in addition to maintenance under the general maintenance law, so a woman can seek relief under both. Courts avoid double recovery for the same head.
What if the respondent does not pay?
The Magistrate can direct his employer or a debtor to pay the amount directly to you, or to deposit part of his wages or the debt with the court. A Section 20 order is enforced like a maintenance order, and breach of a protection order is an offence under Section 31.
Where do I file and can I appeal?
File before the Magistrate where you live, where the respondent lives, or where the violence took place. An appeal against the Magistrate's order lies to the Court of Session within 30 days of the order being served on you.