Civil Court does not have jurisdiction to take Domestic Violence cases. Some Family Courts are taking up but that is wrong in law. Because Section 12 of The Protection of Women from Domestic Violence Act, 2005 vested rights to receive Complaint only by the Magistrate Court for disposal, and it has not defined any role for the Civil Judge.

However, Domestic Violence Act is Half Civil and Half Criminal and it becomes Criminal only when the Husband fails to honour the Court’s verdict particularly handing down of Wife’s Streedhan, giving maintenance or ordered compensation. As long as punishment is not cast upon the Husband he shall be treated as Respondent only BUT NOT ACCUSED. And it is for such reason the Cause Title arraign Husband and his family as Respondent and Co-Respondents.