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Procedure for filing Domestic Violence Case

Hello friends today we will discuss about the procedure for filing a domestic violence case. The term domestic violence has been interpreted in a broad sense by the lawmakers and also by the precedents set forth by our judiciary in the years subsequent to coming of this act. As a result any kind of violence  whether physical, emotional, economical etc are covered under this act. The procedure for filing a domestic violence case which is laid down in the Section 12 of the Protection of women from Domestic Violence Act 2005, is as follows:



  1.  Firstly, the complaint is to be drafted by the aggrieved person or the protection officer or any other person on behalf of the aggrieved person covering all the essential and necessary details required under this act along with supporting documents, if any.
  2. Thereafter complaint is filed before the magistrate having jurisdiction to entertain the complaint.
  3. On the first date of hearing, the complainant or her advocate needs to address the facts of their case and if the court is satisfied the said case is admitted.
  4. Thereafter generally  the court appoints a protection officer who then is required to prepare a domestic incidents report and submit the same before the court on the date fixed.
  5. After going through the report and the facts of the case, the court then issue summons to appear against the respondent’s that is the persons against whom the said cases are filed.
  6. Thereafter the respondent’s appear before the court and may also file a reply to the complaint filed by the complainant.
  7. During this time the court also decides the application if any filed for seeking interim maintenance by the complainant. In order to decide the said applicatian the court may order the parties involved to submit their income affidavits along with supporting documents in accordance with recent judgment.
  8. After going through the same the court hears  the arguments of both sides and decides weather any maintenance as such is to be fixed at the interim stage.
  9. Thereafter the parties lead their evidence in accordance with the pleadings already on record.
  10. Finally after completion of the evidence both parties are given liberty to argue their case and finally the court issues it's final verdict and dispose of the matter.

I hope the above article clairifies the normal procedure adopted during trial of domestic violence filed under the Protection of women from domestic violence Act, 2005.

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