Law4u - Made in India

Can Family Courts Hear DV Along With Maintenance?

Answer By law4u team

Family courts in India play a crucial role in resolving matrimonial disputes, including domestic violence and maintenance claims. While the Protection of Women from Domestic Violence Act (PWDVA) provides civil remedies for abuse, family courts have the authority to hear maintenance petitions under personal laws and the Criminal Procedure Code. Coordination between different forums helps survivors obtain comprehensive legal protection and financial support.

Jurisdiction of Family Courts in DV and Maintenance

Domestic Violence Cases (PWDVA, 2005)

Protection officers and magistrates primarily handle DV complaints and protection orders under PWDVA.

However, family courts can also be involved, especially where DV overlaps with matrimonial disputes.

Maintenance Claims

Family courts have explicit jurisdiction over maintenance claims filed under various personal laws (Hindu, Muslim, Christian) and Section 125 of the Criminal Procedure Code (CrPC).

Maintenance includes financial support for the survivor and dependent children.

Concurrent Jurisdiction

Survivors may file both DV complaints and maintenance petitions simultaneously—DV cases in magistrate courts or protection officer’s office, and maintenance petitions in family courts.

Some family courts also entertain DV-related matters, especially where linked to matrimonial issues.

Reliefs Granted by Family Courts

  • Monetary maintenance and alimony.
  • Custody and visitation rights of children.
  • Sometimes interim protection orders related to abuse during matrimonial proceedings.

Coordination Between Courts

While family courts focus on financial and custody aspects, magistrate courts deal with protection orders and civil remedies under PWDVA.

Courts may cross-refer or coordinate to ensure comprehensive protection.

Practical Tips

Survivors should file separate applications for DV protection and maintenance but can inform courts about related proceedings.

Legal aid services and Protection Officers assist in navigating both forums.

Evidence from DV cases may support maintenance claims.

Interim reliefs can be obtained quickly for immediate financial support.

Example

A woman files a domestic violence complaint against her husband and also seeks maintenance for herself and her children.

Steps Taken:

She approaches the magistrate court for a protection order under the PWDVA.

Simultaneously, she files a maintenance petition in the family court under Section 125 CrPC.

The magistrate issues a protection order restricting the husband’s abusive behavior.

The family court hears her maintenance claim and awards monthly financial support.

Both courts’ orders ensure her safety and financial security.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mahesh Agarwal

Advocate Mahesh Agarwal

Consumer Court, Civil, Banking & Finance, Cheque Bounce, Breach of Contract

Get Advice
Advocate Balakrishna

Advocate Balakrishna

Anticipatory Bail,Criminal,Succession Certificate,Motor Accident,Family,

Get Advice
Advocate Shreyash H Sharma

Advocate Shreyash H Sharma

Cheque Bounce,Civil,Criminal,Anticipatory Bail,Domestic Violence,

Get Advice
Advocate Sunil Kumar Verma

Advocate Sunil Kumar Verma

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Customs & Central Excise, Divorce, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Revenue, Wills Trusts, Cyber Crime, Breach of Contract, Armed Forces Tribunal, Immigration

Get Advice
Advocate Shrajal Rastogi

Advocate Shrajal Rastogi

Civil, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Advocate Girish Alurkar

Advocate Advocate Girish Alurkar

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Court Marriage, Divorce, Family, High Court, Media and Entertainment, NCLT, Property, Recovery, RERA, Succession Certificate, Revenue

Get Advice
Advocate Navraj Rao

Advocate Navraj Rao

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, R.T.I, Revenue, Court Marriage

Get Advice
Advocate Naginder Kumar

Advocate Naginder Kumar

Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, Motor Accident

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.