Family

Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005

This is the principal complaint application filed by an aggrieved woman under the Protection of Women from Domestic Violence Act, 2005. It initiates proceedings before a Magistrate to seek a range of civil remedies designed to protect the woman from domestic violence and its consequences.

The application is the substantive pleading that sets out the facts of the domestic relationship and the specific incidents of violence. It is the vehicle through which the court is asked to pass orders for protection, residence rights, monetary relief, custody, and compensation.

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Governing law
Protection of Women from Domestic Violence Act 2005, s.12 r/w ss.18–22 + DV Rules 2006 (Form II / Form III)
Sections
s. 12s. 18s. 19s. 20s. 21s. 22s. 23
Filed before
Magistrate (JMFC / Metropolitan Magistrate / Mahila Court)

When this is the right filing

  • When an aggrieved woman needs to seek multiple, cumulative civil remedies against a respondent for an act of domestic violence.
  • When the applicant requires urgent protection, residence, or monetary orders from a Magistrate.
  • When a Domestic Incident Report has been filed by a Protection Officer and the matter needs judicial adjudication.
  • When the applicant seeks to secure her right to reside in a shared household.
  • Do not use this application to file a purely criminal complaint for cruelty under the Bharatiya Nyaya Sanhita, 2023; this is a distinct civil proceeding, though both may run concurrently.

What the court looks for

  • A clear pleading of the domestic relationship between the aggrieved person and each respondent.
  • Specific, dated incidents of domestic violence, not general or vague averments.
  • A precise mapping of each relief sought to the corresponding section of the Act (Sections 18 to 22).
  • A duly sworn Form III affidavit in support of the application, as required by Section 23(2).
  • An index of annexures that ties each piece of documentary evidence (medical records, FIRs, messages) to a specific marker in the body of the application.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Reliefs sought
  3. 3Prayer
  4. 4In the court of the ld. at ,
  5. 5Index / annexures
How it opens
1. That the Complainant is an "aggrieved person" within the meaning of Section 2(a) of the Protection of Women from Domestic Violence Act, 2005 ("the Act"), being a woman who is, and has been, in a domestic relationship with the Respondent(s) and who has been subjected to acts of domestic violence by them.

Bracketed items are filled from your case.

Frequently asked questions

Is a Domestic Incident Report mandatory before filing this application directly with the Magistrate?

No. While a Domestic Incident Report in Form I can be recorded by a Protection Officer and is considered by the Magistrate, it is not a precondition. An aggrieved person can file this application directly before the court under Section 12.

Can I seek a residence order and a protection order in the same application?

Yes. The reliefs under the Act are cumulative, not alternative. A single application under Section 12 can simultaneously pray for protection orders (Section 18), residence orders (Section 19), monetary relief (Section 20), custody orders (Section 21), and compensation (Section 22).

Who can be named as a respondent in this application?

The application can be filed against any adult male perpetrator of violence. Following the principle in Hiral P. Harsora, female adult relatives of the husband or male partner can also be arrayed as respondents if they are alleged to have committed acts of domestic violence.

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