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Which court hears domestic violence cases?

09-Apr-2026
Domestic Violence

Answer By law4u team

In India, domestic violence cases are primarily heard by a Magistrate’s Court, specifically the Protection Officer or a Magistrate under the Protection of Women from Domestic Violence Act, 2005. The law provides that a victim of domestic violence can approach the Executive Magistrate (usually the First Class Magistrate), who has the authority to issue protection orders, residence orders, maintenance orders, and custody orders for children. These courts are empowered to take swift action to ensure the safety and rights of the victim. If the complaint also involves criminal offences such as physical assault, threats, or cruelty, the case can be registered as a criminal case under the Bharatiya Nyaya Sanhita or other relevant criminal provisions. In such cases, the criminal courts-usually the Judicial Magistrate of the first class-hear the matter after an FIR has been filed. The police investigate the complaint, and the court ensures legal proceedings, which may include arrest, trial, and punishment of the accused if found guilty. In addition, many states have set up Family Courts, which may also handle matters related to domestic disputes, including divorce, custody, and maintenance, but the primary authority under the Domestic Violence Act remains the Magistrate’s Court with the involvement of Protection Officers. The law is designed so that victims do not have to approach multiple authorities separately, and the Magistrate can pass immediate orders to protect the victim while the investigation or further proceedings are ongoing. So, in short, domestic violence cases are heard by Magistrate’s Courts under the Domestic Violence Act, and if criminal offences are involved, the criminal courts take up the matter after the police investigation.

Answer By Ayantika Mondal

Dear client, Magistrates Court deals with the domestic violence cases in India under the Protection of Women from Domestic Violence Act, 2005. The magistrate can pass orders for the protection, residents' maintenance and child custody to ensure the victims safety. If the case involves criminal offenses like assault or threats, it is also dealt by criminal courts after an FIR and police investigation. Family courts deal with related issues only but mostly maintenance and divorce and cases like these are dealt by Magistrates Courts. Hope it helps, contact us for any further queries.

Answer By Anik

Dear client, The Protection of Women from Domestic Violence Act 2005 has its way of dealing with cases. These cases are usually heard by the Judicial Magistrate of the First Class or the Metropolitan Magistrate. The Protection of Women from Domestic Violence Act 2005 gives the Magistrate the power to help the woman who has been hurt. The Magistrate can give the woman a protection order, a residence order some money to help her an order for custody and compensation. The place where the case is heard usually depends on where the woman lives, works or where the problem started. The Protection of Women from Domestic Violence Act 2005 cases are not like cases but they are still heard in a criminal court by a Magistrate. This is done so that the woman can get help quickly. If someone is not happy, with what the Magistrate decides they can appeal to the Court of Sessions. They have to do this within an amount of time. If you have any query please feel free to contact us.

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