Domestic violence application (s.12 PWDV Act)
A woman's application to the Magistrate for protection, residence and support.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Judicial Magistrate First Class, Amarnagar
Versus
APPLICATION UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Respectfully Showeth:
1.That the applicant is the wife of respondent No. 1, and his mother Kamla Devi are his relatives who lived with them. The applicant and the respondents lived together in the shared household at House No. 204, Sector 9, Shantipur, and are in a domestic relationship.
2.That the respondents have subjected the applicant to domestic violence, including:
(a)on 20-05-2024 respondent No. 1 slapped and pushed her over a demand for ₹2,00,000
(b)on 01-06-2024 she was turned out of the house with her daughter
3.That the applicant requests that the Protection Officer be directed to prepare a domestic incident report.
4.That the applicant is in fear for her safety and needs the protection of this Court.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Proof of the marriage or relationship and of the shared household: marriage certificate, photographs, Aadhaar or ration card at that address
- Proof of the violence, with dates: medical reports (MLR), photographs, police complaints or DDR entries, messages or letters
- The domestic incident report (DIR) from the Protection Officer, if one has been made
- A list of your stridhan and belongings, and proof of your and the children's expenses
- Your identity proof, the respondents' names and addresses, and the children's birth certificates if you ask for custody
Where to go
Filed through an advocate, the Protection Officer or a service provider before the Judicial Magistrate of the area where you live (even temporarily), where the respondent lives, or where the violence happened; the first hearing is ordinarily fixed within three days.
Fee
Little or no court fee is usually charged; ask the court office. The Protection Officer helps free of cost, and free legal aid is available through the District Legal Services Authority.
Good to know
- In danger, call 112 or the women helpline 181 first; the court can pass interim orders, even before hearing the other side (s.23).
- Breaking a protection order is an offence (s.31): report any breach to the police and the court at once.
- These orders can also be asked in a pending divorce or maintenance case (s.26).
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.