A lot of queries are posted in groups regarding the procedure followed for various cases. More importantly, the DV Case Procedure is one of the highest-queried topics on our Whatsapp groups. Â In this article, I have listed the steps involved in a Domestic Violence case. These steps are followed in Delhi only, whereas in other states, the same steps are followed with slight variations.
Domestic Violence Case Filing Procedure
1. Maintenance Case: First Step Filing the Complaint
The Complaint containing the facts of the case, reliefs sought and all personal details of the parties is filed by the complainant to the CMM/CJM or Illaqa Magistrate. In rarest of rare circumstances, court can pass ex-parte order at this stage itself after listening to the arguments of the complainant’s side and perusing any documents filed by the complainant on affidavit.
As per the judgment of Supreme Court in Rajnesh Vs Neha, all new applications has to be filed along with an affidavit of Income, Assets and Liabilities by the Complainant.
2. Court Calls for Domestic Incident Report (DIR)
Court scrutinizes complaint and makes directions for preparation of DIR (Domestic Incidents Report).
(This procedure is followed in Delhi. Though in certain states, DIR is not called immediately and the court proceeds with Step IV. DIR in these states is called after the opposite party has put its appearance.)
3. Protection Officer Sends DIR to Court
Protection officer calls the Complainant for preparation of DIR and the sends the same to the Concerned Court for perusal.
4. Next Step: Notice or Dismissal
Court after perusing the DIR report and Complaint issues notice to the other party(s) and directs them to file their reply or in case it does not find any merit in complaint, it may dismiss the complaint on that hearing itself (though such order is rarest possibility and courts normally issue notice).
As per the Supreme Court Judgment in Rajnesh Vs Neha, the reply has to be filed within 4 weeks
5. Reply and Response Process Begins
Reply is filed in accordance to Rajnesh Vs Neha Judgment in 4 weeks and then the complainant has to file his rebuttal/rejoinder to the reply filed by the opposite party within 2 weeks. As per Rajnesh Vs Neha Judgment, the reply has to be supported by Income Affidavit
6. Court Refers Case to Mediation
Both Parties to the Complaint when appear next are directed by the Court to appear for Mediation in all of the cases at Delhi and efforts by the Mediator are made to reconcile them at first.
7. Mediation Outcome Decides Next Step
If the Mediation proceedings after being conducted by the court mediator are successful then the matter stands settled. If the Mediation proceedings (before Mediator) end in failure then the Court proceeds with the matter.
8. Interim Orders Passed After Hearing
The court decides application for interim maintenance and other interim reliefs at this stage of the case after listening to the arguments from both the sides.
9. Court Frames Issues and Charges
The court then proceeds further and frames issues charges for adjudications and the matter is posted for evidence of the parties.
10. Court Asks Complainant to Submit Evidence
The complainant is directed to lead its evidence by way of filing affidavit along with relevant documents, papers etc. and by summoning all its witnesses.
11. Court Asks Respondent for Evidence
The respondent(s) is asked to lead its evidence by way of fling of the relevant documents, papers and by summoning all its witnesses.
12. Closing Stage: Arguments by Both Sides
The final arguments in the matter are held and the matter is decided by the court.
13. Final Order: Relief Granted or Denied
The court passes appropriate order/judgment. In this the court can decide in three manners
- Grant all reliefs sought by complainant,
- Grant some of the reliefs and deny rest of the reliefs,
- dismiss the complaint entirely without any relief.
DVC Case Means
The Domestic Violence Act, 2005 (commonly referred to as the DVC or DV Act) is a legislation enacted in India to protect women from domestic abuse within the household. It covers physical, emotional, sexual, verbal, and economic abuse, and allows women to seek protection, residence rights, maintenance, and custody of children through a simplified legal process. The Act applies not just to wives but to any woman in a domestic relationship, including mothers, sisters, and live-in partners. While it aims to offer quick relief and safeguard women, concerns have also been raised about its potential misuse due to broad definitions and ex-parte orders.
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