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.
Steps Procedure Domestic Violence Case
- 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. - Calling for 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.) - Protection Officer Meets The Complainant – Protection officer calls the Complainant for preparation of DIR and the sends the same to the Concerned Court for perusal.
- Notice To The Respondents – 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 - Reply And Rejoinder – 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
- Reference 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.
- Mediation Proceedings – 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.
- Decision On Interim Maintenance – 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.
- Framing Of Issues – The court then proceeds further and frames issues charges for adjudications and the matter is posted for evidence of the parties.
- Complainant’s 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.
- Respondent’s 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.
- Final Arguments – The final arguments in the matter are held and the matter is decided by the court.
- Order – The court passes appropriate order/judgment. In this the court can decide in three manners a. Grant all reliefs sought by complainant, b. Grant some of the reliefs and deny rest of the reliefs, and c. dismiss the complaint entirely without any relief.
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12 Comments
If there are some arrears of interim maintenance payment then court can proceed with evidence stage??
Court can take a discretion on this.
My marriage is love come arranged my husband and his family touched me for dowry and male kids. They forced me to give male chid and planned many ways to abort my child and wanted sent me and my first kid out from the house when I m 7months pregnant. Later I m blessed with baby my husband filed divorce case.. I m sacrifice whole life for him. He abused me financially, mentality and financially..
What case should I file to punish him ??? Plz rply he filled for divorce and living life happily by outing etc… but I m suffering with my kids financially and emotionally
Please contact my office on 7428418261 regarding this.
My wife filed DV case against me and my family in her hometown even though she was not living with me for past three months. My marriage was solemnized on 23rd June in Sangli and we were residing at our permanent residence in pune. We never asked anything from them. It was them who put demand of gold jewelry for the girl. She never contributed financially in maintaining the flat. Parents used to live separately. She has done unimaginable things since the day we shifted to new flat. So I filed for judicial separation last month after which she filed DV case and made 498a complaint in police in her hometown. Now the first hearing is next week and thestage mentioned is First Order. We have not received any copy of notice yet. What should I do?
Wait till you receive summons from court.
What is the starting point of evidence in dv case
Please follow the link for understanding the procedure of DV case https://www.shoneekapoor.com/steps-procedure-domestic-violence/
Hello Sir!
Is there any arrest that happens in DVC case for the man and his family members?
not unless orders of the court is flouted or claim to be flouted
While Pending of interim payment after order, can court frame the issues, and parties could lead evidence,
Till there is no execution filed the court would proceed as per the rules.