Protection of Women from Domestic Violence Act- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments-Protection of Women from Domestic Violence Act, 2005 Domestic Violence Act: Supreme Court Asks Union To Hold Meeting With States/UTs To Address Inadequacy Of Protection Officers Case Title: We The Women of India v. UoI And Ors. WP(C) No. 1156/2021 Coram: Justices S. Ravindra Bhat and Dipankar Datta The Supreme Court directed the Secretary of the Union Ministry of Women and Child Development to convene a meeting with the Principal Secretaries of all States and Union Territories to, inter alia, look into the issue of inadequacy of Protection Officers under the DV Act. Further, the Court also directed the Ministry to place on record the current status of implementation of Mission Shakti (integrated women empowerment programme), the umbrella scheme for safety, security and empowerment of women schemes. (Page No. 4-7) Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act: Supreme Court Coram: Justices V Ramasubramanian and Pankaj Mithal Case Title: Bhawna Versus Bhay Ram And Others., 2023 LiveLaw (SC) 148 The Supreme Court set aside a condition imposed by the Delhi High Court, which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.10,000 per witness. The Court held it's not open for Courts to place such “onerous conditions.” Apart from being impermissible in law, the condition is more like a penalty for the appellant not proceeding with the trial, the Court explained. Pertinently, in the trial, the right of the appellant to lead evidence was closed, and the complaint was rejected. Therefore, the appellant had filed an appeal. The Appellate Court allowed the appeal, directing the trial court to reopen the case and allow the appellant to lead evidence subject to her paying a cost of Rs.20,000/- per witness. When the appellant moved the High Court against the said order, the High Court reduced the cost to Rs.10,000/- per witness. High Courts Judgments-Protection of Women from Domestic Violence Act, 2005 Complainant Need Not Cite Detailed Particulars Of Every Single Act Of Domestic Violence In Complaint: Orissa HC Refuses To Quash Case Against In-Laws Case Title: Girish Prasad Mishra & Anr. v. Smt. Lopamudra Kar., 2023 LiveLaw (Ori) 6 Coram: Justice Sashikanta Mishra The Orissa High Court clarified that a complainant need not mention the detailed particulars of every single act of domestic violence in the complaint itself. Thus, even a prima facie disclosure of acts of violence would be sufficient to maintain a complaint under the DV Act. (Para 8) Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife Case Title: NT v. VT., 2023 LiveLaw (Del) 107 Coram: Justice Jasmeet Singh The Delhi High Court, expressing a prima facie view, opined that the protection under the Protection of Women from Domestic Violence Act, 2005, is not available to a husband or male member of the family in view of sections 2(a) of the statute. Section 2(a) defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the 'respondent' and alleges to have been subjected to any act of domestic violence. (Page No. 2) Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court Case title: Danish Chauhan Vs DGP J&K., 2023 LiveLaw (JKL) 36 Coram: Justice Sanjay Dhar The Jammu and Kashmir and Ladakh High Court ruled that merely because a wife has initiated proceedings against her husband under the DV Act, no bar can be construed against lodging a first information report (FIR) for cruelty under Section 498A (cruelty) of the Indian Penal Code. The scope of proceedings under Section 12 of the DV Act and the scope of criminal proceedings initiated pursuant to the lodging of FIR are entirely different from each other., the Court explained. (Para 7) Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts Case Title: Kavitha M And Raghu & Others., 2023 LiveLaw (Kar) 116 Coram: Justice M Nagaprasanna The Karnataka High Court had issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the DV Act within 60 days from the date of its filing. (Para 19) No Maintenance Under Domestic Violence Act For "Refusal Or Neglect" To Maintain Wife: Bombay High Court Coram: Justice SG Mehare Case Title - Sunil and Ors. v. Jayashri., 2023 LiveLaw (Bom) 163 The Bombay High Court held that when no domestic violence is found in a domestic violence case, maintenance cannot be awarded to wife on the ground that husband refused and neglected to maintain her. The ...

Protection of Women from Domestic Violence Act- Important Supreme Court & High Court Judgments of 2023

Gyanvi Khanna

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