Application under Section 12 of the Domestic Violence Act
An aggrieved woman, or a Protection Officer on her behalf, can apply to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 for protection, residence, monetary relief, custody and compensation orders. The Magistrate can grant interim and ex parte orders under Section 23.
Key points
- Application: Section 12 PWDVA; reliefs under Sections 18 (protection), 19 (residence), 20 (monetary), 21 (custody) and 22 (compensation).
- The first hearing is ordinarily within three days of receipt, and the application is to be disposed of within 60 days of the first hearing (Section 12(4)–(5)).
- A Domestic Incident Report may be prepared by the Protection Officer.
- Interim and ex parte orders: Section 23.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Application to the Magistrate | Section 12 PWDVA, 2005 | — |
Which court or authority
Judicial Magistrate where the aggrieved person resides, the respondent resides, or the cause of action arose (Section 27).
What the document should contain
- Relationship and shared household
- Incidents of domestic violence with dates
- Reliefs sought under Sections 18–22
- Interim relief under Section 23 with an affidavit
Documents to attach
- Domestic Incident Report, if prepared
- Medical records, photographs, messages
- Proof of the shared household
- Income details of the respondent for monetary relief
Procedure
- Approach the Protection Officer or file directly before the Magistrate
- Seek interim/ex parte orders with an affidavit
- Hearing and final order
Common mistakes
- No specific incidents and dates
- Not claiming interim relief
Frequently asked questions
Who can file a domestic violence case?
A woman who is or has been in a domestic relationship with the respondent — including wives, live-in partners, mothers, sisters and daughters — or a Protection Officer on her behalf.