News Excerpt:

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

Background of the case:

• Delhi HC made this observation while dismissing a petition filed by a man and his relatives, challenging a lower court's decision to reinstate a domestic violence complaint filed by his wife.
• The complaint, initially dismissed by a magisterial court due to the wife's non-appearance, was later restored by an appellate court.
• The High Court stressed on the universal applicability of the Act saying that the statute is designed to provide social justice to all women.

• The High Court also said that the procedure is the “handmaid of justice and is to come to the aid of justice rather than defeating it”.

Protection of Women from Domestic Violence Act, 2005:

• Protection of Women from Domestic Violence Act 2005 came into force from 26, October, 2006. 
• The Act is aimed at providing protection to wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives. 
• The Law extends protection to women who are sisters including adopted sisters and mothers. 
• Domestic violence under the Act includes actual abuse or threat of abuse, whether physical, sexual, verbal, emotional, or economic. 
• Harassment by way of unlawful dowry demands to the women victim or her relatives would also be covered under the definition of Domestic violence.

Salient features of the Act:

• Ensures Right to Residence under sec 17.
• Ensures economic relief by recognising economic violence.
• Recognises verbal and emotional violence.
• Provides temporary custody of the child.
• Judgements within 60 days of filing of the case.
• Multiple Judgements in a single case.
• Cases can be filed under PWDV Act even if other cases are pending between parties.
• Both petitioner and respondent can prefer Appeal against the judgement under the Act.