Kerala HC: No time limit for approaching magistrate under Domestic Violence Act; mere delay cannot quash proceedings

The Kerala High Court held that the Protection of Women from Domestic Violence Act, 2005 prescribes no limitation period for approaching a magistrate under Section 12, and mere delay in filing such petitions cannot warrant quashing of proceedings. Justice Jobin Sebastian noted that inherent jurisdiction under the Bharatiya Nyaya Sanhita should be exercised sparingly and only where abuse of process is evident.

The court rejected arguments by the petitioner (husband and mother-in-law) that proceedings were based on false allegations and filed after an unexplained six-year delay. The bench observed that specific allegations of domestic violence cannot be adjudicated through a preliminary "mini-trial" by the High Court; such matters must be determined by the jurisdictional magistrate based on evidence.

The court clarified that the timing of proceedings, disputed allegations, or prior complaints to other authorities do not, by themselves, justify quashing PWDV Act proceedings. The truth or falsity of domestic violence allegations is for the magistrate to determine after examining evidence.