New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

arpita   10 August 2015

Notice in domestic violence act


     This is regarding my domestic violence case which is running since more than an year now, in which notice was issued to my husband side two months back, however my husband has not appeared in court. Judge had ordered the notice & PF/RC to be issued through DSP(police), however my advocate had filed normal pf. As my husband has nt appeared, honourabl judge had again ordered for pf/rc. Please tell what is difference between normal pf filing & procedure of notice thru DSP.


Thanks in advance.


 5 Replies


In layman terms. one goes through RPAD another goes through the police constable of juristdiction poilce station. Order served thorugh police has more effect, but either ways if husband is not found at that address or evades taking it from RPAD or the poilce, then paper notification can be given, if he does not appear to court even then, nothing much can be done, as these are family matters.


lady, you take divorce and find someone else, you cant bend anyone with force, only with love and affection you can do it, court = end of relationship.

1 Like

fighting back (exec)     10 August 2015

rightly said by helping hand........nothing more to add

prabhakar advocate (advocate)     10 August 2015

What your advocate has to do in this case is to file process fee form with due court tickets along with DV petition (two copies) along with Registered Cover with proper postage stamps affixed to serve it on the husband.  The concerned official will send one notice through registered post by the cover you had given it to him and another notice, he himself, would send to DSP for serving on the husband.  DSP would depute one of his constables to do this thing.  Even after this also, your husband refuses to take notice, the court may ask you to publish newspaper notification or in extreme circumstances issue bailable warrants on husband.  Your advocate should do what I said in the first line, within 7 days of the court's order.

Mikey   11 August 2015

Wonderful  Helping hand, wish there were  more lawyers like you

T. Kalaiselvan, Advocate (Advocate)     16 August 2015

The process fee to be paid for sending the notice through  DSP or by registered post directly to the respondent.

If the husband is not available in that address, you should provide his office address or the address where he  may be available.  

If the notices are returned undelivered continuously then the court also will not be able to do  anything, it  becomes the  duty of the complainant to find out the correct address of the respondent and pay the process fee accordingly.  This is the procedure in private criminal complaints.

The court will direct the police only if  the process fee is aid by the complainant requesting the court to process the service of notice through police and it is not automatic.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register