As a lawyer, understanding the correct structure and explanation of a DV Act case (Protection of Women from Domestic Violence Act, 2005) is essential for effective representation.
Here’s how to prepare a DV Act case professionally:
Start with Proper Court Heading
- Mention the full name of the court (e.g., In the Court of Hon’ble Judicial Magistrate First Class, Saket Court, Delhi).
- Add case number, year, and details of the district.
Memo of Parties
Include:
- Complainant/Aggrieved person – Full name, father’s name, husband’s name, and complete address.
- Respondent – Full name, father’s name, and address.
This helps in clear identification of parties.
Title of Application
Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005
This section ensures the DV Act case is formally brought under Section 12, empowering an aggrieved woman to seek legal protection and relief against domestic violence.
Main Body – “Respectfully Showeth”
In this section, explain:
- That this DV Act application is filed under Section 12 of the DV Act.
- Mention the sections under which reliefs are sought:
- Section 18: Protection Order
- Section 19: Residence Order
- Section 20: Monetary Reliefs
- Section 21: Custody Orders
- Section 22: Compensation
Domestic Incident Report (DIR) / Facts of the Case
Describe in detail:
- Date and place of marriage.
- Nature of cruelty (physical, emotional, economic, or verbal).
- Specific incidents of abuse, neglect, or misrepresentation.
- Mental health or financial impacts.
- Role of the respondent and his family members.
Use paragraph form — each para explaining a separate incident or type of violence.
Reliefs Claimed
Be clear and structured:
- Protection from violence and communication (Sec 18)
- Residence order and non-eviction (Sec 19)
- Monetary and maintenance reliefs (Sec 20)
- Custody of child (Sec 21)
- Compensation for mental agony and harassment (Sec 22)
Prayer Clause
Summarize all reliefs sought and request the Hon’ble Court to:
“Grant such other order or orders as this Hon’ble Court may deem fit and proper for protecting the aggrieved person from domestic violence and in the interest of justice.”
Verification
Always close with verification:
“Verified at Delhi on this ___ day of ___ that the contents of paras 1 to 14 are true and correct to the best of my knowledge.”
Explaining the DV Act in Simple Words
The DV Act 2005 protects women from physical, verbal, emotional, sexual, and economic abuse in any domestic relationship.
It ensures the right to live with dignity, protection orders, monetary compensation, and custody of children for aggrieved women.A “respondent” can be any adult male relative, or even female relatives of the husband/partner, or persons who live or have lived in a shared household with the aggrieved person. The broad definition of a “domestic relationship” under the Act ensures comprehensive protection for a DV Act case.
👨‍⚖️ Drafted and Explained by:
Adv. Javed Ahmad – Court Marriage & Family Lawyer
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