How long does a Domestic Violence case take?

A domestic violence case in India legally must be decided within 60 days, but in reality, it usually takes 1.5 to 3 years to reach a final judgment.

According to Section 12(5) of the Protection of Women From Domestic Violence Act, the Magistrate is legally mandated to:

·      Hold the first hearing within 3 days of filing.

·      Dispose of the entire case within 60 days from the first hearing.

It takes longer because in practice, courts are heavily overburdened, causing cases to stretch between 18 to 36 months. The delay happens due to:

·      Summons Issues: Time taken by police to deliver court notices to the husband.

·      Mandatory Mediation: Courts try to send couples to counselling first, taking 2 to 4 months.

·      Reply Copies: The husband's lawyers taking multiple dates to submit their written replies.

·      Evidence Stage: Cross-examining witnesses and submitting medical/financial proofs takes the most time.

Quick Relief: Interim Orders (2 to 6 Months)

You do not have to wait years for the final judgment to get help.

·      Under Section 23, you can apply for an Interim Order .

·      The Magistrate can grant you immediate maintenance, protection, and a place to stay within a few months while the main case continues.