Domestic Violence Act Applicable To Every Woman Irrespective Of Religious Affiliation: Delhi High Court

The Delhi High Court has recently observed that the Protection of Women from Domestic Violence Act, 2005, is a measure of social justice applicable to each woman, irrespective of religious affiliation or social background.

Justice Anoop Kumar Mendiratta said that the statute was enacted to safeguard the rights of the victims of 'domestic violence' in 'domestic relationship'.

The court dismissed a plea moved by a husband and his relatives challenging a trial court order restoring the domestic violence complaint of the wife.

The magisterial court had dismissed in default the wife's complaint. Her application for restoration of the case was dismissed by sessions court. 

Later, the appellate court observed that there were no sufficient grounds before the Trial Court to dismiss the petition on the basis of wife's non-appearance on a single date. Thus, it restored the case.

It was the petitioners' case that non-appearance of the wife was intentional in order to harass them and that sufficient grounds were not shown before the Appellate Court for restoration of the proceedings.

Rejecting the plea, the court said there was no blemish in the order passed by the Appellate Court and that it was duly satisfied with the explanation extended for non-appearance of the wife.

“It may be impressed upon that procedure is the handmaid of justice and is to come to the aid of justice rather than defeating it,” the court said.

It added: “Considering the facts and circumstances of the case, no grounds for interference in the impugned order are made out, since sufficient grounds have been shown by the respondent for restoration of proceedings.”

Title: GULSHAN KUMAR & ANR. v. NIDHI KASHYAP

Citation: 2024 LiveLaw (Del) 437

Click here to read order