• DV petition process — duration, notice, and settlement queries

Hi Lawyers,

I am trying to get settlement via DV case and want to go with Mutual divorce. 
Below are the list questions I have with respect to timeline. Please clarify them. 
I have proofs for DV case but bit concerned about time frame.

Mostly case will be in Madras court

1. How long will it take to file the DV petition, including the time spent on correcting it?

2. Within what time frame will the respondent get notified from the date the case is filed, and will that notification include the hearing date?

3. Approximately how many days will it take for the first hearing to be scheduled?

4. If the respondent comes for settlement before the hearing date, how many days will it take to withdraw the DV petition from the date the respondent approached for settlement?

5. In case I want to withdraw the DV petition after the first hearing, how many days will it take to close the case from the date of the first hearing?

6. Is it possible to file both a mutual divorce and a DV petition parallelly?
Asked 2 months ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

1) it should not taje more than 2 weeks 

 

2) in a month or so 

 

3) after a month 

 

4) not more than 2 weeks 

 

5) not more than 2 weeks 

 

6) file only one petition 

Ajay Sethi
Advocate, Mumbai
100454 Answers
8214 Consultations

1. Time taken for disposal of DV case may be around two years or more especially in places like Chennai.

2. The DV case may be filed in the judicial magistrate court but it will undergo the process of inquiry by probationary officer, who will summon both the sides, inquire, try to mediate for settlement or reconciliation, if the same fails then it will be revert3eed to regular court, where it will take another one and half year or more depending on the process of settlement initiated and the negotiations thereon. 

3. It depends on how faster the the case reverts from PO to regular court.

4. If a settlement is arrived then the petitioner can withdraw the petition on the same day also.

5. The above answer suits this question too

6. The DV case filed in parallel to the mutual consent divorce may not be effective neither the court may entertain the DV case especially when the respondent of the DV case objects to it stating that the petitioner is trying to extort money that is why she has filed this DV case. 

 

T Kalaiselvan
Advocate, Vellore
90658 Answers
2523 Consultations

  1. How long will it take to file the DV petition, including the time spent on correcting it?

A petition under the Protection of Women from Domestic Violence Act, 2005 can usually be prepared and filed within hours  days, depending on documentation and drafting.

  1. Within what time frame will the respondent get notified from the date the case is filed, and will that notification include the hearing date?

ANS : The court generally issues notice within 7–15 days. Service of notice on the respondent may take 15–30 days, depending on address and mode (court process / RPAD / courier). The notice will contain the next hearing date.

  1. Approximately how many days will it take for the first hearing to be scheduled?

ANS : Normally, the first hearing is fixed within 1 month

  1. If the respondent comes for settlement before the hearing date, how many days will it take to withdraw the DV petition from the date the respondent approached for settlement?

ANS : If the respondent approaches for settlement before the first hearing, You can file a memo for withdrawal or settlement.

  1. In case I want to withdraw the DV petition after the first hearing, how many days will it take to close the case from the date of the first hearing?

ANS : DV cases are quasi-criminal, so courts ensure that withdrawal is voluntary. If you decide to withdraw after the first hearing, file a withdrawal memo or settlement memo.

  1. Is it possible to file both a mutual divorce and a DV petition parallelly?

ANS : Yes, it is legally permissible to proceed with both: DV case under the Protection of Women from Domestic Violence Act, 2005, and the mutual divorce under Section 13B of the Hindu Marriage Act, 1955 .Both can run parallelly,

and in practice, DV case often helps in negotiating settlements/compensation. Mutual divorce requires: First motion, 6-month cooling-off period, second motion, and decree

Ajay N S
Advocate, Ernakulam
4143 Answers
114 Consultations

A DV petition under the Protection of Women from Domestic Violence Act can generally be drafted and filed within 2–5 working days, depending on readiness of documents and facts. If corrections are required by the court registry, an additional 3–7 days may be taken for re-filing and scrutiny clearance.
Once the petition is admitted, the court usually issues notice to the respondent within 3–10 days. The notice generally includes the next date of hearing, though the actual service depends on process (court process server / RPAD / courier), and in practice service may take 1–3 weeks.
The first hearing is typically fixed within 2–4 weeks from the date of filing, subject to the court’s docket and urgency mentioned in the petition. In some cases, interim reliefs may be considered earlier if specifically pressed.
If the respondent approaches for settlement before the first hearing, the matter can be resolved fairly quickly. Upon filing a memo for withdrawal or recording settlement, the DV petition can usually be disposed of within 3–10 days, depending on how soon the matter is listed before the Magistrate.
If you decide to withdraw after the first hearing, the court may record your statement and close the matter on the same day or within a short span of a few days to 1–2 weeks, depending on listing.
It is legally permissible to proceed with both a DV petition and a mutual consent divorce simultaneously. In practice, filing a DV case often facilitates settlement discussions, which may culminate in filing a mutual consent divorce petition under Section 13B of the Hindu Marriage Act. Once settlement terms are finalized, the DV proceedings can be withdrawn as part of the settlement.
From a practical standpoint, DV proceedings can act as leverage for negotiation, but timelines depend significantly on service of notice and court workload. If your objective is settlement, a coordinated approach—initiating DV proceedings while keeping communication open for mutual consent divorce—often works effectively.
Please feel free to reach out if you require assistance in drafting the DV petition or structuring a settlement agreement alongside mutual divorce.

Yuganshu Sharma
Advocate, Delhi
1377 Answers
5 Consultations

  1. DV petition filing usually takes a few days to 2 weeks depending on document readiness and court scrutiny.
  2. Notice is generally issued quickly and includes the hearing date; service may take a few days.
  3. First hearing is ideally within a few days, but practically may take 1–2 weeks.
    4–5. Withdrawal/closure after settlement can be done in 1–2 hearings (few days to weeks).
  4. Yes, DV case and mutual divorce can be filed parallelly.

Practical next step: Ensure settlement terms (payment, withdrawal of cases) are clearly documented before withdrawing the DV case.

Saurabh Agrawal
Advocate, Greater Noida
102 Answers

At the outset, one important clarification: proceedings under the Protection of Women from Domestic Violence Act, 2005 are meant for protection and reliefs (residence, maintenance, compensation, protection orders), not as a bargaining tool. That said, in practice, DV cases often do lead to negotiated settlements, including mutual divorce.

Now, to your specific queries.

1. Time to file DV petition (including corrections)

Preparation of a DV petition depends on how ready your documents and facts are.

  • Drafting by an experienced lawyer: 2–4 days
  • Corrections, annexures, affidavits, formatting: another 2–5 days
  • Filing before Magistrate: usually immediate once ready

Realistically, you are looking at about 4 to 10 days from giving instructions to actual filing. If facts are complex or documents are scattered, it may stretch slightly.

2. Time for notice to be issued and whether it includes hearing date

Once the petition is filed:

  • The Magistrate usually takes cognizance within 2–7 days
  • Notice is then ordered to be issued to the respondent

Service of notice can take:


  • 7 to 20 days in urban areas like Chennai, depending on address accuracy and process server efficiency

Yes, the notice generally mentions the next hearing date, so the respondent is informed of when to appear.

3. Time for first hearing

In practice at Chennai courts:

  • First hearing is typically fixed within 2 to 4 weeks from filing

However, if service is delayed, the effective first hearing (when respondent appears) may shift to 4–6 weeks.

4. If respondent approaches for settlement before first hearing — time to withdraw DV case

This is quite common.

If settlement happens before first hearing:

  • You can file a memo/affidavit for withdrawal or settlement
  • If both parties appear and confirm settlement, the court may dispose of the matter on the same day or within 1–2 dates

Practically, closure can happen within 3 to 10 days from the date settlement is finalised, depending on court listing.

5. Withdrawal after first hearing

Even after the first hearing:

  • DV proceedings can be withdrawn or disposed of on settlement
  • There is no rigid bar

Timeline:

  • If both parties are present and settlement terms are placed on record, the case can be closed within 1–3 hearings
  • In practical terms, 1 to 3 weeks from the date you decide to withdraw

6. Filing DV case and mutual divorce simultaneously

Yes, it is legally permissible.

  • DV case proceeds before the Magistrate
  • Mutual divorce is filed under Section 13B of the Hindu Marriage Act before the Family Court

Both can run in parallel.

However, a strategic point:

  • Courts generally prefer that settlement terms (including alimony, stridhan, withdrawal of cases) are clearly recorded before granting mutual divorce
  • Often, DV case is used as part of a comprehensive settlement package, and is withdrawn either:

    • At the time of first motion, or
    • At the time of second motion

7. Practical strategic insight (very important)

Since you mentioned you are aiming for settlement, timing matters more than filing.

  • Filing a DV case may create pressure, but it can also escalate conflict if not handled carefully
  • If mutual divorce is genuinely possible, sometimes initiating structured settlement talks first (through lawyers) can save time

On the other hand, if the other side is non-cooperative, a DV petition—properly supported by evidence—often brings them to the table.

In summary

  • Filing DV petition: about 1 week
  • Notice and first hearing: 2 to 4 weeks (sometimes up to 6 weeks)
  • Pre-hearing settlement closure: within days to 1–2 hearings
  • Post-hearing withdrawal: 1–3 weeks typically
  • DV and mutual divorce can proceed simultaneously, but should be strategically aligned

Indu Verma
Advocate, Chandigarh
280 Answers
10 Consultations

Yes both can be filed. It can be withdrawn immediately on the application of the wife 

Prashant Nayak
Advocate, Mumbai
35005 Answers
256 Consultations

Dear client

This timeline is an estimate for a Domestic Violence case in the courts in Madras or Bangalore under the Protection of Women from Domestic Violence Act, 2005:

- Time taken for drafting and filing of a case – between 2 – 5 days. (This varies according to the time taken for corrections and the speed with which the Magistrate checks the case before it is sent to him.)
- After filing a case, Magistrate (through his/her clerk) will issue notice to the Respondent, which usually takes between 3 and 7 days from date of filing. Service of process may take from 1 to 3 weeks. Notice will usually contain information about next court date.
- Court will normally schedule first hearing 2–4 weeks from date of filing, depending on how busy the court is.
- Prior to first hearing, if respondant comes in immediately after being served with notice he/she can submit a memo for withdrawal of case or for settlement. Closure may take between the day the case is listed and 1 week.
- After first hearing, withdrawal of application will usually take between 1 and 2 weeks for the Court to process formal closure of case after recording the terms of the settlement.
- It is permissible to file Domestic Violence cases and cases for mutual divorce pursuant to Hindu Marriage Act, 1955 simultaneously. Settlement under Domestic Violence can be considered for the purpose of settlement (i.e., maintenance and/or compensation).

 In practice, courts usually encourage mediation between parties at the earliest opportunity; therefore, if both parties are cooperative, a settlement may occur very quickly.

if you have any query please feel free to contact us

Anik Miu
Advocate, Bangalore
11273 Answers
126 Consultations

answer it point vise-

1, Maximum 2 weeks or less

2. Might be a month or more

3. After a month

4. Within 14-16 days

5.  Within 14-16 days

6. Go with a single Petition at the moment 

My advice for you would be to consult an Advocate and take steps as per his/her guidance 

Pranay Mehta
Advocate, Noida
19 Answers

  1. Depends upon the efficiency of your advocate and your timely response to his queries. 
  2. Generally a month of respondent resides in the same city.
  3. Depends upon the workload and pendency of cases in the court you're filing your case. 
  4. The petition can be withdrawn by filing an application for withdrawal before the date of hearing already fixed. 
  5. Same as above.
  6. No. Mutual divorce is filed after settling all disputes including DV. The Hon'ble Court will reject your mutual divorce as soon as it notices that you have a DV case pending and you are not withdrawing it.

Puneet Srivastava
Advocate, New Delhi
95 Answers

1. The petition can be filed in a day , if it is already drafted , and there is no provision to correct the petition once a criminal complaint filed before the Magistrate. 

2. If the address of the Respondent is correct , then even on the second date the service may affected 

- After admission of the case , the Court may order for the service of the Respondent. 

3. Depend upon the burden of the Court , and it is generally within the week

4. Settlement can take place before the next date of hearing , and further the case can also be withdrawn even before the date of hearing after moving an application 

5. You can withdraw the case even before the next date of hearing , after moving an application for the same. 

6. Yes, you can file both the cases , but if you are going for mutual divorce then your DV Case will not maintainable. Hence, you can file the DV petition before filing the Mutual Divorce. 

Mohammed Shahzad
Advocate, Delhi
15956 Answers
244 Consultations

  1. Filing time for DV petition: Drafting and filing a DV petition typically takes 3–7 days if your documents are ready. Correction time depends on court scrutiny; minor objections are resolved in 1–3 days, but major ones may add a week. Overall, expect 1–2 weeks from preparation to successful filing, provided you have clear proof and a competent lawyer.

  2. Respondent notification & hearing date: After filing, the court usually issues notice to the respondent within 1–2 weeks. The notice explicitly mentions the first hearing date, giving the respondent roughly 15–30 days to appear. Service can take longer if the respondent avoids acceptance or lives far, but Madras courts generally expedite DV matters.

  3. Time for first hearing: From the date of filing, the first hearing is typically scheduled within 30–45 days in most family courts, including Madras. However, depending on judicial workload, it may extend to 60 days. Urgent applications for interim relief (e.g., protection orders) can get earlier dates, but routine hearings follow standard scheduling.

  4. Withdrawal before first hearing (settlement): If both parties agree to settle before the first hearing, you can file a joint application to withdraw the DV petition. The court may take 7–15 days to dispose of the matter, provided the withdrawal is voluntary and no interim orders exist. With consent, the case closes quickly without a contested hearing.

  5. Withdrawal after first hearing: After the first hearing, withdrawal requires filing a formal petition for dismissal. If the respondent consents and no interim orders (e.g., maintenance) are pending, the court usually closes the case in 15–30 days from the withdrawal request. However, if maintenance or protection orders were granted, you may need to vacate them first, extending time.

  6. Filing DV and mutual divorce parallelly: Yes, it is legally possible to file both simultaneously in different proceedings. However, courts generally discourage it because the claims conflict—DV alleges domestic abuse, while mutual divorce implies no coercion. Practically, you can start with DV to strengthen settlement leverage, then convert to mutual divorce after withdrawing DV. Coordinate carefully with your lawyer to avoid contradictory statements.

Lalit Saxena
Advocate, Sonbhadra
266 Answers

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer