Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 14 of Domestic Violence Act, 2005: Counselling
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possess such qualifications and experience in counselling as may be prescribed.
(2)Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of hearing of the case within a period not exceeding two months.
Legal Commentary & Landmark Judgments: Section 14
Section 14 empowers the Magistrate to direct the parties in a domestic violence proceeding to undergo counselling with a recognized service provider, while imposing strict time limits to prevent counselling from becoming an engine of delay.
Discretionary Referral for Counselling: The Magistrate may, at any stage of the proceedings, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider.
Qualified Counsellor Standards: The designated counsellor must possess proven professional experience in resolving domestic and interpersonal friction and gender-based conflicts.
Strict 2-Month Cap (Section 14(2)): The next date of hearing of the case shall not be fixed beyond a period of two months from the date of the counselling referral order, preventing indefinite stay of proceedings.
Key Landmark Precedents:
K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226: The Supreme Court observed that mediation and counselling in matrimonial disputes must be empathetic and purposeful, but caution must be exercised to ensure that counselling is not exploited by a recalcitrant spouse to prolong judicial relief.
Brijesh Kumar v. State of U.P. (2015) Cri LJ 3452: Held that counselling under Section 14 is not a mandatory condition precedent for maintaining an application under Section 12, nor can an aggrieved woman be coerced into joint counselling against her will.
Courtroom Practice & Strategic Litigation Guidance:
Counsel representing an aggrieved woman should resist mechanical joint counselling orders where acute physical danger or domestic trauma exists. Request that if counselling is ordered, the respondent be directed singly, and interim monetary relief under Section 20/23 be granted simultaneously.
Legal Commentary & Landmark Judgments: Section 14
Section 14 empowers the Magistrate to direct the parties in a domestic violence proceeding to undergo counselling with a recognized service provider, while imposing strict time limits to prevent counselling from becoming an engine of delay.
Counsel representing an aggrieved woman should resist mechanical joint counselling orders where acute physical danger or domestic trauma exists. Request that if counselling is ordered, the respondent be directed singly, and interim monetary relief under Section 20/23 be granted simultaneously.