Family Law • Domestic Violence Proceedings

Section 12 Domestic Violence Act Proceedings: Filing, DIR, Interim Relief, Evidence, Jurisdiction, Limitation and Appeal

A legally precise guide to applications before the Magistrate under the Protection of Women from Domestic Violence Act, 2005, including procedure under the 2006 Rules and the latest Supreme Court position.

An application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”) is the procedural gateway through which an aggrieved woman may seek protection, residence, monetary, custody and compensation orders from a Magistrate. The proceeding is not the same as an FIR, a conventional criminal complaint or a divorce petition. Its primary purpose is protective and remedial.

The Supreme Court has described proceedings under the DV Act as predominantly civil in nature, although the statutory forum is a criminal court and breach of a protection order can separately constitute an offence. This distinction matters for service, evidence, interim relief, limitation, appeal and the limited circumstances in which High Court intervention may be sought.

1. Who may file an application under Section 12?

Section 12(1) permits an application to be presented by:

• the aggrieved person herself;
• a Protection Officer; or
• any other person acting on behalf of the aggrieved person.

An “aggrieved person” under Section 2(a) is a woman who is, or has been, in a domestic relationship with the respondent and alleges that she has been subjected to domestic violence. A domestic relationship under Section 2(f) may arise through consanguinity, marriage, a relationship in the nature of marriage, adoption, or members living together as a joint family, provided the statutory requirement of living together in a shared household is satisfied.

Following Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, the former restriction of “adult male” in the definition of respondent cannot be used to exclude a female respondent. Even so, every person named must have the necessary domestic relationship and should be connected to specific allegations or relief. Relationship alone is not proof of domestic violence.

2. What legally amounts to domestic violence?

Section 3 is wider than physical assault. Domestic violence may include:

• physical abuse, including bodily harm, assault, criminal intimidation or criminal force;
• sexual abuse affecting dignity;
• verbal and emotional abuse, including insults, humiliation, ridicule and certain threats;
• economic abuse, including deprivation of financial resources, disposal of assets, deprivation of stridhan, restriction of access to resources or exclusion from the shared household;
• dowry-related harassment or coercion;
• threatening conduct; and
• other conduct causing physical or mental injury.

The court is required to consider the overall facts and circumstances. A well-drafted application separates dates, persons, acts, documents and resulting harm instead of making a composite allegation against the entire family.

3. Domestic relationship and shared household

A Section 12 case ordinarily requires a qualifying domestic relationship. The statutory wording includes persons who “live or have, at any point of time, lived together” in a shared household. The Supreme Court in Prabha Tyagi v. Kamlesh Devi, (2022) 8 SCC 90, adopted a broad construction: a subsisting domestic relationship on the date of filing is not invariably necessary, and relief is not defeated merely because the aggrieved person is no longer residing with the respondents.

A “shared household” under Section 2(s) is not confined to property owned or rented by the husband. In Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414, the Supreme Court rejected the narrow interpretation earlier associated with S.R. Batra v. Taruna Batra. Ownership by the husband is not an indispensable condition.

However, Section 17 creates a right to reside; it does not transfer ownership or create title in the property. Residence relief must still be determined on pleadings, the statutory definition, the parties’ relationship, competing rights, safety and the form of order sought. It is incorrect to say that every property in which a couple briefly stayed automatically becomes an enforceable shared household forever.

4. Where should a Section 12 case be filed?

Under Section 27, jurisdiction lies with the Judicial Magistrate First Class or Metropolitan Magistrate within whose local limits:

• the aggrieved person permanently or temporarily resides, carries on business or is employed;
• the respondent resides, carries on business or is employed; or
• the cause of action has arisen.

The express recognition of temporary residence protects a woman who has moved for safety. Yet temporary residence should be genuine; a purely artificial address created to choose a convenient court may be contested.

In Delhi, a Section 12 application is presented before the competent Mahila Court/Metropolitan Magistrate according to the applicable district and police-station allocation. The filing should correctly identify the territorial facts and should not rely only on the place of marriage.

5. Form, affidavit and documents

Rule 6 of the Protection of Women from Domestic Violence Rules, 2006 provides that a Section 12 application should be in Form II or as nearly as possible thereto. Where ex parte relief is sought under Section 23(2), the prescribed affidavit is in Form III.

A complete filing ordinarily includes:

• the Section 12 application with the relief clauses separately stated;
• supporting affidavit and the prescribed interim-relief affidavit where applicable;
• a dated list of incidents identifying each respondent’s alleged role;
• marriage or domestic-relationship documents;
• identity and address documents supporting jurisdiction;
• medical records, photographs, messages, emails, call records or complaints where relevant;
• bank statements, salary documents, tax records and expense proof for monetary relief;
• rent, title, electricity or residence material relating to the asserted shared household;
• stridhan inventory, invoices, wedding lists or entrustment material where recovery is claimed;
• birth and school records where temporary custody or child expenses are sought;
• copies of connected FIRs, maintenance, divorce, custody, civil or family-court proceedings;
• details of existing interim or final orders and payments received.

The DV Act does not prescribe an ad valorem court fee for a Section 12 application. Filing formalities, process fee, affidavits and copying requirements remain subject to the applicable local court rules and registry practice.

6. Is a Domestic Incident Report mandatory?

A Domestic Incident Report (“DIR”) is prepared in Form I by the Protection Officer or service provider. The proviso to Section 12(1) requires the Magistrate to consider any DIR received before passing an order.

In Prabha Tyagi, the Supreme Court clarified the position:

• an aggrieved woman may approach the Magistrate directly;
• a DIR is not an inflexible condition precedent to entertaining every Section 12 application;
• where a DIR has been received from a Protection Officer or service provider, the Magistrate must take it into consideration; and
• absence of a DIR cannot by itself extinguish the statutory remedy where the woman has independently filed the application.

A DIR is relevant material, but it is not a judgment and does not conclusively prove every allegation. The parties may place their evidence before the court.

7. What happens after filing?

1. Scrutiny and registration: The filing is checked for form, affidavit, annexures, jurisdiction and defects.
2. First date: Section 12(4) states that the first hearing should not ordinarily be beyond three days from receipt of the application.
3. Notice: Under Section 13, notice of the hearing is given to the Protection Officer for service on the respondent and other directed persons. The statute contemplates service within two days of receipt or such further reasonable time as permitted.
4. Interim application: Urgent relief under Section 23 may be considered, including ex parte relief on the prescribed affidavit where the statutory threshold is met.
5. Reply and disclosures: Respondents file their response, documents and financial disclosure where monetary relief is claimed.
6. Rejoinder and admissions/denials: The court may identify disputed facts and documents.
7. Evidence: Depending on the case and procedure adopted, parties may file affidavit evidence and face cross-examination.
8. Arguments and order: Relief is decided on the statutory requirements and evidence.

Section 12(5) says the Magistrate shall endeavour to dispose of the application within sixty days from the first hearing. This is an expeditionary direction, not an automatic termination of proceedings on day sixty-one.

8. Interim and ex parte orders under Section 23

Section 23(1) empowers the Magistrate to make interim orders considered just and proper. Under Section 23(2), an ex parte order may be granted if the application and affidavit prima facie disclose that the respondent is committing, has committed, or is likely to commit domestic violence.

Possible urgent measures include:

• restraint against violence, communication, entry or intimidation;
• protection of possession or temporary residence arrangements;
• interim monetary support and specified expenses;
• temporary custody and regulated visitation;
• restraint against alienation or disposal of assets connected with the claim;
• return or protection of stridhan where the factual basis is shown.

Ex parte relief is exceptional in effect even though statutorily permitted. The application should disclose urgency, prior proceedings and material facts fully. A respondent affected by such an order should seek recall, variation or modification promptly with documents rather than disobeying it.

9. Reliefs available under Sections 18 to 22

Protection order — Section 18

The court may prohibit further domestic violence, contact, entry into specified places, alienation of assets, operation of certain accounts or other conduct described by the section.

Residence order — Section 19

The Magistrate may restrain dispossession, direct removal of the respondent in accordance with the statutory limits, restrain entry into a portion of the shared household, prevent alienation, or direct alternate accommodation/rent where legally appropriate. Title disputes and third-party rights require careful adjudication; a residence order should not be treated as a declaration of ownership.

Monetary relief — Section 20

Relief may address loss of earnings, medical expenses, property loss and maintenance for the woman and children. The amount must be fair, reasonable and consistent with the standard of living. For a detailed treatment, see our guide on monetary relief under the Domestic Violence Act.

Temporary custody — Section 21

The Magistrate may grant temporary custody of a child to the aggrieved person or the person applying on her behalf and regulate visitation. If a visit may be harmful to the child, it may be refused for recorded welfare reasons. Broader custody principles are discussed in our guide to interim child custody and visitation.

Compensation — Section 22

The court may award compensation and damages for injuries, including mental torture and emotional distress caused by domestic violence. The pleading should specify the factual basis and avoid treating compensation as an unexplained lump-sum demand.

10. Financial disclosure and overlapping maintenance orders

Where maintenance or monetary relief is claimed, both sides should disclose income, assets, liabilities, dependants and prior orders. Rajnesh v. Neha, (2021) 2 SCC 324, established a structured disclosure approach and directed courts to account for overlapping maintenance proceedings.

A claimant must disclose maintenance already awarded or received under the HMA, HAMA, BNSS or another proceeding. The court may adjust amounts to prevent double recovery while preserving the claimant’s lawful entitlement. A respondent should not simply allege that the applicant is earning; actual income, capacity, needs and standard of living must be proved.

11. Evidence and standard of adjudication

Section 12 relief is predominantly civil and preventive. The applicant must establish the domestic relationship, acts falling within Section 3, jurisdiction and the factual basis for each remedy. The respondent may contest those ingredients and place contrary evidence.

Useful evidence can include contemporaneous messages, medical records, police or Protection Officer material, bank transfers, salary records, property documents, witness testimony and compliance history. Mere reproduction of statutory language is weak pleading. Conversely, absence of an FIR or medical report does not automatically disprove verbal, emotional or economic abuse; the court evaluates the entire record.

Section 28 applies the procedural law to proceedings under Sections 12 and 18 to 23, while Section 28(2) allows the court to devise its own procedure for a Section 12 application or an application for ex parte relief under Section 23(2). The Supreme Court in Shaurabh Kumar Tripathi v. Vidhi Rawal, 2025 INSC 734, confirmed that a Section 12 application is not a conventional complaint under Section 200 CrPC or Section 223 BNSS.

12. Is there a limitation period for a Section 12 application?

Section 468 CrPC, which governed limitation for taking cognizance of specified offences, does not bar a Section 12 application merely because more than one year has elapsed. In Kamatchi v. Lakshmi Narayanan, (2022) 15 SCC 50, the Supreme Court held that a Section 12 application seeking protective relief is not equivalent to a criminal complaint for taking cognizance of an offence.

Limitation for penal proceedings arising from breach under Section 31 is a separate question. Delay may still affect proof, urgency, interim relief and credibility. A litigant should therefore explain material delay and identify continuing or later acts, without loosely labelling every past event a “continuing offence.”

13. Defence and response to a Section 12 application

A legally effective reply should address each statutory ingredient and allegation. Depending on the record, relevant objections or defences may include:

• absence of a domestic relationship with a particular respondent;
• property not satisfying the statutory shared-household test;
• lack of territorial jurisdiction;
• omnibus allegations without dates or individual roles;
• documents contradicting the pleaded chronology;
• suppression of prior settlements, orders, income or residence arrangements;
• duplicate monetary relief and payments already made;
• absence of entrustment or proof concerning stridhan claimed from a particular respondent;
• third-party ownership and competing legal rights relevant to the form of residence relief;
• lack of urgency or material necessary for ex parte relief.

The stronger route is a paragraph-wise factual response supported by records. General assertions that the DV Act is “misused,” without confronting the pleaded incidents, rarely answer the statutory case.

14. Amendment, variation and enforcement

In Kunapareddy v. Kunapareddy Swarna Kumari, (2016) 11 SCC 774, the Supreme Court recognised that amendment may be permitted in DV proceedings because the remedies are predominantly civil, subject to fairness and the nature of the proposed change.

Section 25 permits alteration, modification or revocation of an order where circumstances change. A party should seek formal variation instead of treating the order as optional.

Breach of a protection order or interim protection order is an offence under Section 31, punishable with imprisonment up to one year, fine up to twenty thousand rupees, or both. Section 32 treats the offence as cognizable and non-bailable. Monetary directions have their own enforcement mechanisms, including directions under Section 20(6) in an appropriate case.

15. Appeal under Section 29 and High Court intervention

Section 29 provides an appeal to the Court of Session within thirty days from the date on which the Magistrate’s order is served on the aggrieved person or respondent, whichever is later. Filing an appeal does not automatically stay the order; stay must be specifically sought and justified.

Our separate guide explains the Section 29 DV Act appeal procedure, limitation and stay.

In Shaurabh Kumar Tripathi, the Supreme Court held that the High Court can exercise inherent jurisdiction under Section 482 CrPC or the corresponding Section 528 BNSS in relation to Section 12 proceedings pending before a Magistrate. But the power must be exercised with caution and circumspection; ordinarily, intervention is justified only to address gross illegality, injustice or abuse of process. The statutory appeal cannot casually be bypassed.

16. Relationship with divorce and other proceedings

A DV proceeding does not itself dissolve a marriage. Divorce, judicial separation and matrimonial relief must be pursued under the applicable matrimonial law. See our guide to contested divorce grounds, evidence and procedure.

Section 26 DV Act also permits relief under Sections 18 to 22 to be sought in a civil, family or criminal proceeding affecting the aggrieved person and respondent, subject to disclosure of relief already obtained. Section 36 makes clear that the DV Act is additional to, and not in derogation of, other laws.

Common Client Questions

Is a DIR compulsory before a woman can file in court?

No. She may file directly. If a DIR has been received, the Magistrate must consider it before passing an order.

Can a divorced woman invoke the DV Act?

A divorce does not automatically erase a claim arising from a past domestic relationship and alleged domestic violence. Maintainability and relief depend on the nature, timing and proof of the acts and the remedy claimed.

Can female relatives be respondents?

Yes, after Hiral P. Harsora, a female respondent is not excluded merely by gender. A qualifying domestic relationship and specific factual basis remain necessary.

Is every matrimonial home a shared household?

The statutory test depends on actual past or present residence in a domestic relationship and the Section 2(s) definition. Ownership by the husband is not essential, but every property casually visited does not become a shared household.

Can an ex parte order be passed?

Yes, under Section 23(2), on a prescribed affidavit where the Magistrate is satisfied that the prima facie statutory conditions exist.

Does a Section 12 case have to end within sixty days?

The Magistrate must endeavour to decide it within sixty days from the first hearing. The provision is aimed at expedition but does not automatically invalidate a case that continues beyond that period.

Does an appeal automatically stay the Magistrate’s order?

No. A separate stay request should be made. The appellate court assesses urgency, prejudice, the nature of the order and the merits of the challenge.

Authoritative legal sources

• Protection of Women from Domestic Violence Act, 2005 — India Code
• Prabha Tyagi v. Kamlesh Devi
• Satish Chander Ahuja v. Sneha Ahuja
• Kamatchi v. Lakshmi Narayanan
• Shaurabh Kumar Tripathi v. Vidhi Rawal, 2025 INSC 734

Legally reviewed: 20 August 2026. Disclaimer: This article is for general legal education. It is not case-specific legal advice. Domestic-violence proceedings depend on the pleaded domestic relationship, statutory relief, evidence, existing orders, jurisdiction and applicable procedural rules. Exact filing requirements should be verified from the competent court and current local practice.