Domestic Violence Act — Restoration on Default · 25 April 2026
Dileep K.G. v. Swapna Dileep and Ors.: Magistrate Has Inherent Power to Restore a DV Act Petition Dismissed for Default
High Court of Kerala · 2026 LiveLaw (Ker) 224; OP(Crl) 922 of 2024
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An application under Section 12 of the Protection of Women from Domestic Violence Act was dismissed by a Magistrate for default, after the complainants repeatedly failed to appear to give evidence despite being given several opportunities. The complainants then applied to have the case restored. The person the complaint was against opposed this, arguing that proceedings under Section 12 are criminal in nature and a Magistrate has no power to restore a case once dismissed.
The Kerala High Court upheld the Magistrate's decision to restore the case. It held that proceedings under the Domestic Violence Act are predominantly civil in character despite being heard by a Magistrate, and that a court with the power to dismiss such a case for default also has the inherent power to restore it on sufficient cause being shown — since permanently shutting out a domestic violence complaint without a hearing on its merits would defeat the protective purpose of the Act.
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