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The domestic violence case procedure in Delhi starts with an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), filed before a Magistrate directly or through a Protection Officer. The court can grant urgent protection, residence, money and custody orders, often at the first hearing.
This guide explains who can file, what reliefs are available, each step of the case, documents and how long it takes.
Key takeaways
- Any woman in a domestic relationship can file, including a wife, mother, sister or live-in partner.
- Domestic violence includes physical, sexual, verbal, emotional and economic abuse.
- The case is filed before the Mahila Court (Magistrate) under Section 12.
- The court can pass ex parte interim orders under Section 23 in urgent cases.
- Breach of a protection order is a criminal offence under Section 31.
In this guide
Who can file and against whom
An “aggrieved person” is any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence. This covers marriage, relationships in the nature of marriage, and family relationships by blood or adoption.
After Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), respondents can include female relatives of the husband, not only adult males.
- Physical abuse: hitting, pushing or any bodily harm.
- Sexual abuse: conduct that humiliates or violates dignity.
- Verbal and emotional abuse: insults, ridicule, threats, taunts about dowry or not having a son.
- Economic abuse: denying money for basic needs, taking away stridhan or salary, or being thrown out of the house.
Reliefs available under the DV Act
| Order | Section | What it does |
|---|---|---|
| Protection order | Section 18 | Stops violence, contact and entry into workplace |
| Residence order | Section 19 | Right to stay in the shared household; restrains dispossession |
| Monetary relief | Section 20 | Maintenance, medical costs, loss of earnings |
| Custody order | Section 21 | Temporary custody of children |
| Compensation | Section 22 | For injuries, including mental torture |
| Interim / ex parte order | Section 23 | Urgent relief before the final order |
In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court held that the “shared household” can include a house owned by the in-laws where the woman lived. Delhi courts apply this often in residence disputes.
Domestic violence case procedure in Delhi: step by step
- Reach out for help: call 112 in an emergency or the women helpline 181; approach the police, the Protection Officer or the DLSA.
- Domestic Incident Report (DIR): the Protection Officer records the facts in the prescribed form and sends it to the Magistrate.
- File the Section 12 application before the Mahila Court of the district, with an affidavit and documents.
- Interim relief: seek urgent orders under Section 23, which can be granted ex parte on an affidavit.
- Notice to respondents is served, usually through the Protection Officer.
- Reply and counselling: the court may direct counselling or mediation.
- Evidence and arguments on the main application.
- Final order; either side may appeal to the Sessions Court within 30 days under Section 29.
You can file where you live (even temporarily), where the respondent lives or works, or where the violence happened (Section 27).
Documents required
| Document | Purpose |
|---|---|
| ID and address proof | Identity and jurisdiction |
| Marriage proof or proof of relationship | Shows the domestic relationship |
| Medical records and photographs of injuries | Proof of physical abuse |
| Chats, emails, call recordings | Proof of threats and verbal or emotional abuse |
| Police complaints or 112 call records | Earlier reports of violence |
| Income proof of the husband, expense details | For monetary relief |
| List of stridhan and articles | For return of belongings |
How long a DV case takes
| Stage | Time |
|---|---|
| First hearing after filing | Ordinarily within 3 days (Section 12(4)) |
| Target for final disposal | Within 60 days of first hearing (Section 12(5)) |
| Actual time in Delhi courts | Often 1–3 years for final orders |
| Appeal | Within 30 days of the order |
The statutory targets are rarely met in practice, which is why interim orders matter. In Kamatchi v. Lakshmi Narayanan (2022), the Supreme Court clarified that there is no limitation period for filing a Section 12 application.
If the order is violated
Breach of a protection or interim order is an offence under Section 31, punishable with imprisonment up to one year, fine up to ₹20,000, or both. Report a breach to the police and the court immediately with proof.
In our experience before Delhi Mahila Courts, a clear affidavit with dated incidents and supporting messages is what usually secures interim relief at the first or second hearing.
Other laws used alongside the DV Act
- Criminal case for cruelty under Section 85 BNS (old S. 498A IPC).
- Maintenance under Section 144 BNSS.
- Divorce or judicial separation under the Hindu Marriage Act.
- Custody under the Guardians and Wards Act.
How a domestic violence lawyer in Delhi helps
A domestic violence lawyer in Delhi can draft a strong Section 12 application, seek urgent interim orders and coordinate related cases. Where a divorce is also planned, a divorce lawyer in Delhi can align the strategy. Women are entitled to free legal aid through DSLSA.
For advice specific to your situation, you may consult a qualified advocate.
Frequently asked questions
Where do I file a domestic violence case in Delhi?
File an application under Section 12 of the DV Act before the Mahila Court (Metropolitan Magistrate) in the district where you live, even temporarily, where the respondent lives or works, or where the violence took place. You can also approach the Protection Officer, who will forward a Domestic Incident Report.
Can a live-in partner file a domestic violence case?
Yes. The DV Act covers relationships in the nature of marriage. Courts look at factors such as the length of the relationship, a shared household, pooling of resources and how the couple presented themselves. A live-in partner meeting these tests can seek protection, residence and monetary relief.
Can I get an order to stay in my matrimonial home?
Yes. Under Section 19 of the DV Act, the court can pass a residence order allowing you to stay in the shared household and restraining dispossession. After Satish Chander Ahuja, this can include a house owned by your in-laws if you lived there as part of the family.
Is there a time limit to file a domestic violence case?
No. In Kamatchi v. Lakshmi Narayanan (2022), the Supreme Court held that a Section 12 application under the DV Act is not subject to a limitation period. However, filing promptly helps, because recent incidents and fresh evidence make it easier to obtain urgent interim relief.
Can the husband’s mother or sister be made respondents?
Yes. After the Supreme Court decision in Hiral Harsora (2016), the words “adult male” were struck down, so female relatives of the husband can also be made respondents. The application should state specific acts of violence attributed to each relative.
What happens if the husband violates a protection order?
Violation of a protection or interim order is a criminal offence under Section 31 of the DV Act. It is punishable with imprisonment up to one year, a fine up to ₹20,000, or both. Report the breach to the police and inform the court with proof such as messages or witnesses.
Conclusion
The domestic violence case procedure in Delhi is designed to give quick protection, not just a final verdict. A well-documented Section 12 application and an early request for interim orders make the biggest difference.
This guide was prepared with reference to the Protection of Women from Domestic Violence Act, 2005 and the Bharatiya Nyaya Sanhita, 2023 (available on India Code), and the Supreme Court rulings cited above.
Related guides and services
- Domestic Violence Lawyer in Delhi
- Divorce Lawyer in Delhi
- 498A Lawyer in Delhi
- Maintenance under Section 144 BNSS
- Child custody law in Delhi
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
