What is the Procedure of the Domestic Volience Act?

The Domestic Violence Act, formally known as the Protection of Women from Domestic Violence Act, 2005 (PWDVA), provides a legal framework to protect women from domestic violence in India. The procedure under this Act is designed to be accessible, speedy, and victim-centric. Here’s an overview of the procedure under the DV Act:

1. Filing a Complaint

• Who can file: The aggrieved woman herself, a relative, a Protection Officer, or any public-spirited individual.
• Where to file:
  • Local Police Station
  • Protection Officer appointed under the Act
  • Magistrate’s Court (usually the Judicial Magistrate of First Class or Metropolitan Magistrate)
• No court fee is required.

2. Role of Protection Officer

• Assists the aggrieved woman in filing the complaint.
• Helps file a Domestic Incident Report (DIR) and submits it to the Magistrate.
• Ensures the woman receives medical aid, legal aid, counseling, and shelter if needed.

3. Magistrate’s Proceedings

• The Magistrate receives the DIR and may call both parties for hearing.
• The matter is generally disposed of within 60 days.
• Magistrate may issue:
  • Protection Order – restraining the abuser from committing further acts of violence.
  • Residence Order – ensuring the woman’s right to reside in the shared household.
  • Monetary Relief – for expenses incurred, including medical, loss of earnings, etc.
  • Custody Order – for custody of children.
  • Compensation Order – for physical/mental injuries or emotional distress.

4. Interim and Ex Parte Orders

• Magistrate may grant interim orders even without hearing the respondent (ex parte), especially if immediate protection is needed.

5. Service of Notice

• The court sends notice to the respondent (accused) through Protection Officer or police.

6. Respondent’s Appearance & Defence

• The respondent is given an opportunity to appear and file a response.
• The court conducts summary proceedings—simple and quick.

7. Final Order and Enforcement

• After hearing both parties, the Magistrate may issue final orders.
• Breach of any order (e.g., protection, residence, custody) is a criminal offence under Section 31 of the Act—punishable with imprisonment up to 1 year and/or fine.

8. Appeal

• Either party can file an appeal to the Sessions Court within 30 days of the order.

Key Features of the DV Act Procedure:

• Civil in nature but enforceable through criminal penalties for violations.
• Provides relief without divorce—meant for married women, live-in relationships, and family settings.
• Victim-friendly with scope for interim relief and speedy disposal.