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

Dear Client, Yes, if both parties agree, cases under the Protection of Women from Domestic Violence Act of 2005 may be resolved out of court. Under Section 14 the court itself may promote counseling or mediation to assist the parties in coming to a mutually agreeable conclusion. If a mutually agreeable settlement is reached the complainant may decide to drop the case or the magistrate may document the agreement and issue the necessary directives. Any settlement must however guarantee that the complainants protection and rights are not jeopardized due to undue influence or coercion. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Dear Client, Yes in some cases domestic violence issues are resolved out of court, but it is important to note the details. The Protection of Women from Domestic Violence Act of 2005 (DV Act) which puts forth civil measures also plays a role in these out of court settlements. Here is how it works:. Mediation and Conciliation The law promotes amicable solutions. A woman that brings a case under the DV Act may agree to resolve it via mediation or conciliation. In court the parties are referred to a mediation center to work out a settlement. This is done in order to see if the issues between parties can be resolved before it heads into a long court process. In the settlement which is of great import are the terms of the agreement which may include a residence order that the woman may stay in the shared home, monetary relief for maintenance and expenses, or rules regarding child custody and visitation. Court's Role in a Settlement While in court the settlement takes place out of it’s forum the agreement must come to the magistrate for formal approval. The magistrate will then issue a consent order which is based on the terms of the settlement. This is very important for the agreement to have legal enforceability. Should the abuser break the terms of the settlement the woman has the option to return to court and request for the issue to be enforced. Important Considerations Criminal Cases: It is important to see that we do between a civil DV Act case and a criminal case related to domestic violence which may include a complaint under Section 498A of the Indian Penal Code (IPC) for a husband or his family’s cruelty. A Section 498A case is a criminal issue which does not go for mediation or a simple consent order. But the High Court does have the power to drop the criminal charges if we see that the parties have come to a true and voluntary settlement. Safety and Voluntariness: Any agreement must be voluntary. The court and legal counsel must see to it that the woman is not put in a position to be forced or to feel forced into signing into a contract. Also the agreement should include provisions for her safety and financial security. Short of that, in many cases a private resolution can be an option for DV Act issues if it is fair, free will, and put into a court order. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!