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

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.