Mere delay in approaching Magistrate is not ground to quash proceedings under domestic violence Act: Kerala High Court

Image for representation. The Kerala High Court recently held that mere delay in approaching the Magistrate would not be a ground for quashing the proceedings under the Protection of Women from Domestic Violence Act (PWDV). Justice Jobin Sebastian found that the delay, its explanation, and the circumstances that led to it may be relevant when appreciating evidence. However, while the matter was pending before the Magistrate's Court, the delay, by itself, was not sufficient to conclude the allegations of domestic violence as false.The court clarified that the complaint under the domestic violence Act did not become retaliatory or malicious simply because it was registered after the complainant initiated the Family Court proceedings. The court dismissed a petition, stating that the timing of the proceedings and the circumstances of the delay in registering the petition could be examined while the Magistrate considered the evidence, but not at this stage.To quash proceedingsThe petition sought to quash the criminal proceedings pending before the Judicial First Class Magistrate Court, Thrissur. It was filed by the husband and mother-in-law of a woman challenging the allegations of domestic violence. The petitioners claimed that the woman had not approached the police or lodged any complaint, thus rendering her allegations false.They contended that the proceedings under the domestic violence Act were filed as a pressure tactic while various other disputes between the parties were pending before other forums. They further pointed out that even though the woman alleged that she was subjected to domestic violence in the matrimonial home, there was a delay of about six years in filing the complaint with the Magistrate. They also stated that a false case under the Protection of Children from Sexual Offences (POCSO) Act, 2012, was lodged against them by the woman using their child. Counters allegationsThe woman countered that the allegations disclosed a continuing offence and that there was a specific allegation of domestic violence cited in May 2025. She contended that the domestic violence Act did not prescribe any limitation period for an aggrieved person to approach the Magistrate. With regard to the social circumstances prevailing in India, she stated that a woman subjected to ill-treatment in the matrimonial home may, for various reasons, refrain from immediately approaching the police or the court. Following the alleged acts of violence, she had approached various authorities with complaints, she said. Additionally, the POCSO case was registered on the basis of a complaint made by her daughter, and was pending before the High Court. Published - September 20, 2026 07:30 pm IST