Allahabad High Court Directs Courts to Decide Domestic Violence Cases Within 60 Days

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Published 3 November 2026

Bottom Line Up Front (BLUF)

The Allahabad High Court directed courts to decide pending applications, including execution proceedings, under the Protection of Women from Domestic Violence Act, 2005, within 60 days. The Court clarified that an application under Section 12 of the Domestic Violence Act seeks statutory relief and is not an offence, thus Section 468 of the Code of Criminal Procedure, 1973, regarding limitation, does not apply.

Ratio Decidendi · Legal Principle Established

An application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeks statutory relief and is not an offence. Therefore, the limitation period prescribed under Section 468 of the Code of Criminal Procedure, 1973, is not applicable to such applications.

Practice & Procedural Impact for Advocates

Advocates should highlight the 60-day directive for expeditious disposal of Domestic Violence Act cases, including execution. Litigants should be advised that limitation under CrPC Section 468 does not apply to applications under Section 12 of the Domestic Violence Act.

Key Legal Takeaways

1Domestic Violence Act cases, including execution, must be decided within 60 days.
2Applications under Section 12 of the Domestic Violence Act are not 'offences'.
3Section 468 CrPC (limitation for taking cognizance of offences) does not apply to Domestic Violence Act applications.

The Legal Issue The Allahabad High Court addressed the issue of the expeditious disposal of cases filed under the Protection of Women from Domestic Violence Act, 2005 (DV Act). Specifically, the Court considered whether the limitation period prescribed under Section 468 of the Code of Criminal Procedure, 1973 (CrPC), applies to applications filed under Section 12 of the DV Act.

Court's Reasoning The Allahabad High Court held that an application under Section 12 of the DV Act seeks statutory relief and is not an offence. Consequently, the Court ruled that the limitation period stipulated in Section 468 CrPC, which pertains to the limitation for taking cognizance of offences, does not apply to proceedings initiated under Section 12 of the DV Act. The Court emphasized the need for swift resolution of domestic violence matters.

What Follows The Allahabad High Court directed all courts to decide pending applications, including execution proceedings, filed under the Protection of Women from Domestic Violence Act, 2005, within a period of 60 days from the date of the order. This directive aims to ensure the timely delivery of justice in domestic violence cases.