Aggrieved person
Also called: Aggrieved woman, Person aggrieved
Under Section 2(a) of the Domestic Violence Act, 2005, any woman who is, or has been, in a domestic relationship with the respondent and alleges that the respondent subjected her to domestic violence.
Explained
The term has a specific statutory meaning in the Protection of Women from Domestic Violence Act, 2005. Section 2(a) defines an aggrieved person as 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 by the respondent. Outside this Act, the expression person aggrieved generally carries its ordinary sense of a person whose legal rights are adversely affected.
The definition has three elements. The aggrieved person must be a woman; a man cannot seek relief under the Act. She must be or have been in a domestic relationship, which Section 2(f) defines as a relationship between two persons who live or have at any time lived together in a shared household, related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as family members in a joint family. So a mother, sister, widow or live in partner can be an aggrieved person, and a past relationship is enough. Finally, she need only allege domestic violence as defined in Section 3, which covers physical, sexual, verbal and emotional, and economic abuse.
The counterpart is the respondent under Section 2(q). In Hiral P. Harsora v. Kusum Narottamdas Harsora the Supreme Court struck down the words adult male in that definition, so an aggrieved person may now proceed against women and non-adults in the domestic relationship as well. Under Section 12 the aggrieved person, a Protection Officer or any other person on her behalf may apply to the Magistrate for reliefs.
The reliefs available to her are protection orders (Section 18), residence orders (Section 19), monetary relief (Section 20), custody orders (Section 21), compensation (Section 22) and interim or ex parte orders (Section 23). Section 17 gives every woman in a domestic relationship a right to reside in the shared household, and Satish Chander Ahuja v. Sneha Ahuja held that this can be a house owned by the husband's relatives. Examiners test who qualifies, the breadth of domestic relationship and the effect of Hiral Harsora.
What the law says
(a) “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 by the respondent;
Section 2(a) defines aggrieved person; 2(f) and 2(q) define domestic relationship and respondent
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
Defines domestic violence that the aggrieved person alleges
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:
Application to the Magistrate by or on behalf of the aggrieved person
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
Right to reside in the shared household
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;
Protection orders in favour of the aggrieved person
Example
For example, W lived with her husband H and his mother M in a house owned by M, and later moved out after abuse by both. W is an aggrieved person and may seek protection and residence orders against H and M.
For the exam
- Section 2(a) DV Act: only a woman can be an aggrieved person.
- A past domestic relationship is enough: 'is, or has been' in the definition.
- Domestic relationship includes relationships in the nature of marriage (Section 2(f)).
- Hiral Harsora (2016) struck 'adult male' from Section 2(q); women can be respondents.
- Application under Section 12 may be made by her, a Protection Officer or anyone on her behalf.
243 questions in the Law Maker question bank use this term. Practise Family Law questions
Judgments
- Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)The words 'adult male' in the definition of 'respondent' in Section 2(q) of the Domestic Violence Act, 2005 violate Article 14 and were struck down, so women and non-adults can be respondents; the proviso became otiose.
- Satish Chander Ahuja v. Sneha Ahuja (2020)A shared household under Section 2(s) of the Domestic Violence Act need not belong to the husband or his joint family; S.R. Batra v. Taruna Batra was held not good law, and the owner's civil suit was remanded for trial.
Related terms
- Domestic relationshipA relationship between two persons who live or have at any time lived together in a shared household, related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as joint family members.
- Shared householdUnder Section 2(s) of the Domestic Violence Act, 2005, a household where the aggrieved woman lives or at any stage has lived in a domestic relationship, whoever owns it, including a joint family household.
- Protection orderAn order made by a Magistrate under Section 18 of the Protection of Women from Domestic Violence Act, 2005 prohibiting the respondent from committing domestic violence and related acts. Section 2(o) of that Act.
- Protection OfficerAn officer appointed by the State Government under Section 8(1) of the Protection of Women from Domestic Violence Act, 2005, who assists the Magistrate and helps the aggrieved woman obtain relief.
- WomanUnder Section 2(35) of the BNS, a female human being of any age. Other statutes, such as labour and ART laws, adopt narrower meanings for their own purposes.
- MaintenanceProvision for food, clothing, residence, education and medical attendance, and for an unmarried daughter her marriage expenses (Section 3(b) HAMA). Claimable under personal law and under Section 144 BNSS.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.