How to File a Domestic Violence Case Under Section 12 (2026)

How-to · Family Law · Domestic Violence

Updated for 2026 · Claw Editorial

A domestic violence case is a civil application to a Magistrate, not a police FIR, and it is started under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The reliefs can be wide: protection, a right to stay in the shared home, money, custody, and compensation. This page is a practical guide for the woman seeking relief or her advocate: who can apply, where to go, what to ask for, the timeline, the fee, and the appeal if the order goes the wrong way. Last verified October 2026.

01What the DV Act gives you

The Protection of Women from Domestic Violence Act, 2005 (DV Act) is a civil law with teeth. It lets an aggrieved woman get quick protection and support from a Magistrate, without first running a full criminal trial. Domestic violence under the Act is wide: it covers physical, sexual, verbal, emotional, and economic abuse.

The relief is practical. A woman can ask the court to stop the abuse, to let her stay in the shared household, to get maintenance and money for losses, and to settle custody of children, all in one application. That is why Section 12 is the gateway to the whole Act.

02Who can apply, and against whom

The application is for an "aggrieved person", meaning a woman who is, or has been, in a domestic relationship with the respondent and alleges domestic violence. A domestic relationship covers marriage, a relationship in the nature of marriage, and relationships of family or sharing a household.

• Who can file: the aggrieved woman herself, or a Protection Officer or any other person on her behalf.
• Against whom: the respondent, that is, the adult person with whom the woman has had a domestic relationship. Courts now allow relief against female relatives of the husband in appropriate cases.

03Where to go and how to apply

The application under Section 12 goes to the Magistrate, that is, the Judicial Magistrate of the First Class or the Metropolitan Magistrate, within whose area the woman lives (even temporarily), the respondent lives, or the cause of action arose.

The steps are straightforward:

• approach a Protection Officer, a service provider, or a lawyer, who records a Domestic Incident Report;
• file the application under Section 12 before the Magistrate, stating the reliefs sought; and
• the Magistrate fixes the first hearing, usually within three days of receiving the application, and issues notice to the respondent.

04The five reliefs under Section 12

An application under Section 12 can ask for one or more of these reliefs:

These reliefs can be combined, which is the real strength of a Section 12 application.

05Timeline, interim orders, and fee

The Act is meant to work fast. The Magistrate is to endeavour to dispose of a Section 12 application within 60 days of its first hearing. While the case runs, the woman is not left unprotected:

• Interim and ex parte orders: under Section 23, the Magistrate can grant interim relief, and can pass an ex parte order on an affidavit where the respondent is causing or threatening domestic violence.
• Fee: the Act is designed to be accessible, and the woman is entitled to free copies of the orders. There is no heavy court fee to begin an application.

Last verified October 2026.

06Enforcement and appeal

A protection order is powerful because breaching it is a criminal offence. If the respondent breaches a protection order, the woman can set the criminal process in motion, and the breach is punishable with imprisonment and fine.

If the Magistrate’s order goes against either side, Section 29 gives an appeal to the Court of Session, to be filed within 30 days from the date the order is served. A connected relief, maintenance, can also be pursued under general law, and a related criminal remedy may run in parallel.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A Section 12 application moves through the court of the Magistrate, interim orders under Section 23 and sometimes a Section 29 appeal to the Court of Session, and the dates, the interim orders and whether the respondent complies all need watching. Claw keeps the matter in view by party or advocate name across the 9,102 courts, benches and forums it covers, and its 30 crore plus judgments answer in under five seconds when you want to read how courts have granted residence and monetary relief under Sections 19 and 20.

Nothing you upload to Claw is used to train its AI models. Set up a free Claw account to keep a domestic violence matter in view by party or advocate name, and for the surrounding law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the DV Act, 2005): indiacode.nic.in
• Ministry of Women and Child Development: wcd.nic.in
• National Legal Services Authority (free legal aid): nalsa.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Every situation is different, so take advice from counsel or a Protection Officer before you act, and check the current text of the Act.

09Frequently asked questions