Query Relating to Protection of Women from Domestic Violence Act 2005

903 votes

Proceedings under the Protection of Women from Domestic Violence Act, 2005 generally commence with the filing of an application under Section 12 before the Magistrate. Upon filing of the application, the court issues notice to the respondent and fixes the first date of appearance after service of notice. The PWDV Act does not prescribe any rigid or mandatory time limit for filing the Written Statement/Reply (WS/WO/WV). However, as per settled judicial practice and procedural fairness, the respondent is ordinarily expected to file the reply within a reasonable period, usually around 30 days from the date of service of notice or from the first effective appearance, subject to the discretion of the court. Any delay in filing the reply may be condoned by the court upon showing sufficient cause. The exact timeline and procedural requirements may vary depending on the nature of reliefs sought, such as protection orders, residence orders, or monetary reliefs, and the stage of the proceedings. Therefore, a careful examination of facts and timely legal advice is advisable before taking further steps.

Advocate Atanu Patra LawRato