Section 13: Service of notice

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005

Legal Commentary & Landmark Judgments: Section 13

Section 13 prescribes strict statutory timelines and procedural rules for the service of notice upon respondents in domestic violence proceedings, establishing a maximum 30-day window to ensure rapid summary adjudication.

  • Expedited Service Mandate: Notice of the date of hearing fixed under Section 12 shall be given by the Protection Officer to the respondent within a maximum period of two days from the date of receipt.
  • Maximum 30-Day Outer Limit: Section 13(2) mandates that service of notice shall not take more than thirty days from the date of issuance.
  • Declaration of Due Service: A declaration of service of notice made by the Protection Officer in the prescribed form constitutes conclusive proof that notice was duly served on the respondent.
  • Modes of Service: Permits service by personal delivery, registered post, electronic means, or substituted service under Order V CPC where respondent evades service.
Key Landmark Precedents:
  • Bhupender Singh v. State of Punjab (2014) SCC OnLine P&H 10452: Held that the 30-day timeline in Section 13 is designed to prevent respondents from delaying interim protection orders; deliberate evasion justifies immediate ex-parte proceedings under Section 23(2).
  • A.R. Madhav Rao v. State of A.P. (2010) Cri LJ 3583: Clarified that service on the respondent through registered post or Protection Officer must strictly comply with Section 13 declaration rules before adverse final orders are passed.
Courtroom Practice & Strategic Litigation Guidance:

If the respondent deliberately avoids service or refuses speed post delivery, immediately file the tracking report showing 'refused' or 'unclaimed' and request the Magistrate to record a declaration of deemed service under Section 13, proceeding directly to hear the application for interim relief.