Sections 12 and 13 of the Domestic Violence Act: Application to Magistrate and Service of Notice

Sections 12 and 13 of the Protection of Women from Domestic Violence Act, 2005 form part of the procedure for obtaining relief under the Act. Section 12 deals with presenting an application to the Magistrate, while Section 13 governs service of the hearing notice.

Updated: 25 September 2026

Key points
  • An aggrieved person, a Protection Officer, or another person acting on her behalf may present an application under Section 12.
  • The Magistrate must consider any Domestic Incident Report received from a Protection Officer or service provider before passing an order on the application.
  • The first hearing should ordinarily be fixed within three days of receipt of the application.
  • The Magistrate should endeavour to dispose of the application within sixty days from the first hearing.
  • Under Section 13, the Protection Officer ordinarily arranges service of the hearing notice on the respondent and any other person directed by the Magistrate.

What is Section 12 of the Protection of Women from Domestic Violence Act, 2005?

Section 12 is titled "Application to Magistrate". It provides the procedural route for seeking one or more reliefs available under the Act. The application may be presented by the aggrieved person, by a Protection Officer, or by any other person on behalf of the aggrieved person.

Section 12(1): Who may apply?

An application may be made to the Magistrate by an aggrieved person, a Protection Officer, or another person acting on behalf of the aggrieved person. Before passing an order, the Magistrate is required to take into consideration any Domestic Incident Report received from the Protection Officer or service provider.

Section 12(2): Compensation and damages

The relief sought may include compensation or damages for injuries caused by acts of domestic violence. This is without prejudice to the aggrieved person's right to institute a separate suit for compensation or damages. If compensation is awarded in both proceedings, the Act provides for adjustment or set-off so that the amount already paid or payable under the Magistrate's order is taken into account.

Section 12(3): Form of application

The application must be in the prescribed form and contain the prescribed particulars, or be as nearly as possible in that form. Rule 6(1) of the Protection of Women from Domestic Violence Rules, 2006 prescribes Form II for an application by an aggrieved person.

Section 12(4): First hearing

The Magistrate is to fix the first date of hearing, which should ordinarily not be later than three days from the date the court receives the application.

Section 12(5): Endeavour to dispose within sixty days

The Magistrate is required to endeavour to dispose of the Section 12 application within sixty days from the date of its first hearing.

What reliefs can be sought through a Section 12 application?

Depending on the facts of the case, an application may seek statutory reliefs including a protection order under Section 18, a residence order under Section 19, monetary relief under Section 20, temporary custody under Section 21, compensation under Section 22, and appropriate interim or ex parte relief under Section 23.

Form II and the Domestic Incident Report: The 2006 Rules prescribe Form II for an aggrieved person's Section 12 application. A Domestic Incident Report is prepared in Form I under Rule 5. The Act itself requires the Magistrate to consider a Domestic Incident Report if one has been received; the procedural position should therefore be read with the Act, Rules and applicable judicial decisions.

What is Section 13 of the Domestic Violence Act?

Section 13 is titled "Service of notice". It deals with service of the notice of the hearing date fixed under Section 12.

Section 13(1): Service through the Protection Officer

The Magistrate gives the notice of the hearing date to the Protection Officer. The Protection Officer is to have it served, by the prescribed means, on the respondent and on any other person directed by the Magistrate. The statutory period is a maximum of two days from receipt of the notice, unless the Magistrate allows further reasonable time.

Section 13(2): Proof of service

A declaration of service made by the Protection Officer in the prescribed form is proof of service on the respondent and any other person directed by the Magistrate, unless the contrary is proved.

How is notice served under the 2006 Rules?

Rule 12 of the Protection of Women from Domestic Violence Rules, 2006 supplements Section 13. It provides for notices to contain identifying particulars and the nature of the alleged domestic violence. Service may be made by the Protection Officer or a person directed by the Protection Officer at the respondent's stated ordinary residence or place of gainful employment. The Rule also provides for delivery to a person in charge of the place and, where delivery is not possible, pasting at a conspicuous place on the premises.

The text of Rule 12 also refers, as far as practicable, to service methods under Order V of the Code of Civil Procedure, 1908 and Chapter VI of the Code of Criminal Procedure, 1973. That reference forms part of the notified 2006 Rules and should be read together with the law currently governing procedure and any applicable court directions.

Official legal sources

India Code - Protection of Women from Domestic Violence Act, 2005

For authoritative text, amendments and subordinate legislation, users should verify the current material on India Code and the official Gazette before relying on a provision in a proceeding.

Practical summary of Sections 12 and 13

Section 12 starts the court process for obtaining relief under the Domestic Violence Act. It identifies who may apply, permits claims including compensation, regulates the form of the application, and sets statutory timelines for the first hearing and an endeavour toward disposal. Section 13 then provides the mechanism and evidentiary basis for service of the hearing notice. Together with Rules 5, 6 and 12 of the 2006 Rules, these provisions create the basic procedural framework for bringing the respondent before the Magistrate and progressing the application.

Legal information: This article explains the statutory framework in general terms. Procedure may depend on the facts, local court practice, amendments and binding judicial decisions.