- Filing the complaint u/s 12 of D.V.Act along with other section as per case.
- Court will take cognizance and issue summon to respondent and protection officer for appearance and Domestic incident Report.
- Reply filed by the Respondent.
- Replication filed by Complainant if any.
- Detail affidavit filed by both the parties if required by court.
- Argument on interim application if any filed by Complainant.
- Order passed by court on interim application.
- Appeal against interim order by aggrieved party u/s 29 of D.V.Act within one month.
- Issues framed by court/Evidence filed by complainant by way of affidavit or any other witnesses.
- Cross examination of complainant and other witnesses.
- Argument.
- Judgement.
Stages in a Domestic Violence Case: Explained Step-by-Step
Domestic violence cases involve several legal procedures aimed at ensuring justice and providing relief to the aggrieved party. Here’s a simplified explanation of the steps involved:
1. Filing the Complaint
The complainant files a detailed complaint with the Judicial Magistrate First Class (JMFC) or Mahila Court. This document includes the facts of the case, the reliefs sought, and personal details of the parties involved.
- In rare cases, courts may pass an ex-parte order (without hearing the other side) if they find sufficient grounds after reviewing the arguments and documents submitted.
- As per the Supreme Court’s judgment in Rajnesh Vs Neha, the complainant must file an affidavit of income, assets, and liabilities along with the complaint.
2. Preparation of the Domestic Incident Report (DIR)
The court reviews the complaint and directs the Protection Officer to prepare a Domestic Incident Report (DIR). In Delhi, this is an immediate step, while in other states, it may follow a different order.
3. Meeting with the Protection Officer
The Protection Officer meets the complainant to prepare the DIR, which is then submitted to the concerned court for review.
4. Notice to the Respondents
After reviewing the complaint and DIR, the court issues a notice to the respondent(s). The respondent(s) must file their reply within 4 weeks, as mandated by Rajnesh Vs Neha.
- In rare cases, if the complaint lacks merit, the court may dismiss it at this stage.
5. Reply and Rejoinder
The respondent files a reply supported by an income affidavit within 4 weeks. The complainant then submits a rejoinder (response to the reply) within 2 weeks.
6. Reference to Mediation
The court directs both parties to attend mediation. This process seeks to resolve the matter amicably.
7. Mediation Proceedings
- If mediation is successful, the matter is settled, and no further legal action is needed.
- If mediation fails, the court resumes the case.
8. Decision on Interim Relief
The court decides on interim maintenance and other reliefs (e.g., temporary custody or residence orders) after hearing arguments from both sides.
9. Framing of Issues
The court identifies and frames the key issues for adjudication. The case is then scheduled for the evidence stage.
10. Evidence Stage
- Complainant Evidence: The complainant presents evidence, including documents and witness statements.
- Respondent Evidence: The respondent provides their evidence and witnesses.
11. Final Arguments
Both sides present their closing arguments before the court.
12. Order/Judgment
The court delivers its judgment, which can include:
a. Granting all reliefs sought by the complainant,
b. Granting some reliefs while denying others, or
c. Dismissing the complaint entirely.
If you or someone you know is facing domestic violence, don’t wait. Seek legal assistance to understand your rights and initiate the appropriate legal action. Contact us at Ravi & Associates at at +91-8920599818 or whatsapp us for expert guidance and support in navigating your case effectively.