Answer By law4u team
Yes, a Domestic Violence case in India can be settled out of court, but with certain legal safeguards and conditions. The Protection of Women from Domestic Violence Act, 2005 allows for amicable resolution, but the safety, dignity, and consent of the woman must always come first. Here is a detailed explanation: 1. Nature of Domestic Violence Act – It is a civil law primarily aimed at protecting the aggrieved woman, not punishing the offender (although violation of court orders can lead to criminal action). – Reliefs include protection orders, residence orders, maintenance, custody, and compensation. 2. Settlement Allowed but Must Be Voluntary – The law allows for settlement or compromise if the woman willingly agrees to it. – Courts may refer the case for counseling or mediation under Section 14 of the Act. – Any settlement must be made before the Magistrate and with the woman's informed consent. 3. Role of Mediation and Counseling – Courts may refer parties to mediation centers or counselors to resolve matrimonial issues. – If mediation succeeds, the settlement can be recorded by the Magistrate and form part of the final order. 4. Caution in Serious Abuse Cases – In cases involving grave physical violence, threats, or cruelty, courts are reluctant to allow or encourage compromise. – The primary concern is the safety and welfare of the aggrieved woman and any children involved. 5. Legal Effect of Settlement – If both parties reach a lawful settlement: The woman can withdraw the application The court can record the compromise and close the case – Violation of terms may allow the woman to reopen the case or seek fresh relief 6. Criminal Provisions Remain Separate – If a Section 498A IPC (cruelty by husband) case or other criminal cases are also filed, they must be compounded separately with court permission, especially if they are non-compoundable offences. In summary: Yes, a Domestic Violence case can be settled out of court through voluntary compromise, mediation, or withdrawal by the aggrieved woman, but only if: – The woman genuinely agrees – The court is satisfied that the settlement is fair and safe – There is no coercion, threat, or fraud
