• 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 5 hours ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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4 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
100243 Answers
8186 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
90446 Answers
2519 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
4128 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
1267 Answers
5 Consultations

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