Domestic Violence Cases To Be Disposed Of Within 60 Days Under Section 12 Of DV Act: Allahabad High Court

UTTAR PRADESH: The Allahabad High Court has directed courts to make efforts to dispose of domestic violence cases within 60 days, as provided under Section 12(5) of the Domestic Violence Act, 2005. The Court also stressed the need to dispose of pending DV cases and execution proceedings quickly.

Justice Praveen Kumar Giri passed the order while hearing a husband's criminal revision petition challenging the lower courts' orders in a domestic violence case filed by his wife.

The wife had approached the Magistrate under Section 12 of the DV Act, seeking protection, residence, monetary relief and compensation under Sections 18, 19, 20 and 22 of the Act.

The husband argued that the wife's DV complaint was barred by limitation under Section 468 CrPC. However, both the trial court and appellate court rejected his objection, following which he approached the Allahabad High Court.

Read Also:- Gujrat HC – Complaint under Domestic Violence Not Barred by Limitation

Opposing the revision, the State argued that Section 468 CrPC does not apply to applications filed under Section 12 DV Act, relying on the Supreme Court's judgment in Kamatchi v. Lakshmi Narayanan (2022).

The Supreme Court had clarified that filing a domestic violence application is not itself a criminal offence. Criminal liability under the DV Act may arise when a person violates a protection order or interim protection order.

The High Court observed that no protection order had been passed against the husband in the present case. Therefore, the limitation provision under Section 468 CrPC could not be applied as argued by him.

The Court further explained that reliefs under Sections 18 to 22 of the DV Act do not themselves prescribe criminal punishment attracting the limitation provisions relied upon by the husband.

Read Also;- How Does Domestic Violence Affect Male Victims

Finding that the husband's revision appeared aimed at delaying the domestic violence proceedings, rather than contesting the case on merits, the Allahabad High Court dismissed his revision petition.

Referring to Section 12(5) of the DV Act, the Court emphasised that Magistrates must endeavour to decide domestic violence applications within 60 days from the first hearing.

The High Court directed the concerned courts to follow this statutory timeline and warned that unjustified delays in DV cases could invite scrutiny of judicial officers' conduct.

The Court directed the Registrar (Compliance) to communicate the order to the concerned judicial officers, including those in Agra, and forward a copy to the Judicial Training and Research Institute, Lucknow.

Read Also:- Husband Must Pay Maintenance Despite Child Custody With Him: Delhi High Court

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• DV Cases Must Be Decided Speedily: Allahabad High Court stressed the 60-day disposal timeline under Section 12(5) DV Act.
• Husband’s Limitation Plea Rejected: Section 468 CrPC cannot automatically bar a DV application under Section 12.
• DV Complaint Is Not A Criminal Offence: Criminal liability may arise from breaching a protection order, not merely from filing a DV case.
• Endless DV Litigation Must Stop: Unnecessary delays prolong legal and financial pressure on husbands facing matrimonial disputes.
• Speedy Justice Is A Right Of Both Parties: Husbands also deserve timely hearings, fair proceedings and protection against prolonged litigation.