Application for Return of Property under the Protection of Women from Domestic Violence Act, 2005

The application for Return of Property is governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Section 18 of the Act empowers the Magistrate to pass protection orders, which may include directing the respondent to return the property of the aggrieved person. Additionally, Section 20 allows the Magistrate to grant monetary relief, which can cover loss of earnings, medical expenses, and property damage. The Act does not prescribe a specific section solely for return of property; rather, it is encompassed within the reliefs under Sections 18 and 20.

The application is filed before the Judicial Magistrate of the First Class or the Metropolitan Magistrate having jurisdiction over the area where the aggrieved person resides or where the domestic violence occurred. The Ministry of Women and Child Development oversees the implementation of the PWDVA. For more information, visit the official website: wcd.nic.in.

The process begins with filing an application under Section 12 of the PWDVA before the Magistrate. The application must include details of the domestic violence and the property sought to be returned. The Magistrate will issue notice to the respondent and may pass an interim order for return of property after hearing both parties. The final order is passed after a full hearing. A property dispute lawyer can draft the application and represent the aggrieved person in court.

The primary form is the application under Section 12 of the PWDVA, which can be filed in the prescribed format (Form I or Form II as per the Domestic Violence Rules, 2006). The application should list the property items, their value, and evidence of ownership. Supporting documents include: (1) proof of domestic violence (e.g., FIR, medical reports), (2) proof of ownership of property (e.g., receipts, photographs), and (3) affidavit of the aggrieved person.

Any woman who is a victim of domestic violence as defined under Section 3 of the PWDVA is eligible to apply. The property must be her stridhan, household articles, or any property she is entitled to by law or custom. The respondent must be a person who has committed domestic violence and is in possession of the property. There is no requirement of a prior criminal complaint.

The PWDVA does not prescribe a fixed timeline for disposal of the application. However, the Magistrate is expected to dispose of the application within 60 days from the date of first hearing, as per Section 12(5). The actual duration depends on the court's workload and the complexity of the case. No reported decision was found on this point.

There is no court fee prescribed for filing an application under the PWDVA. However, the aggrieved person may need to pay for process fees (notice to respondent) and advocate fees. The government does not prescribe any specific fee for this application. Below is an indicative table of possible expenses: