Chapter IV of Domestic Violence Act

Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Saleem Ahmad v. State of UP and Ors., has held that the proceedings before the Magistrate relating to reliefs claimed under Chapter IV of the Protection of Women From Domestic Violence Act,2005 (DV Act) are of a civil nature.

What was the Background of Saleem Ahmad v. State of UP and Ors. Case?

• In this case, the respondent who is the daughter-in-law of the petitioner filed an application under Section 12 of the DV Act.
• The application seeking amendment sought deletion of a part of the relief clause, stating that due to an inadvertent typographical error, maintenance had been sought for the minor son, whereas the applicant did not have any minor son.
• The petitioner raised objections to the amendment application by contending that no such amendment was permissible in a criminal proceeding.
• The Learned Magistrate allowed the application seeking amendment and observed that the said application be read along with the main application.
• Aggrieved against the aforesaid order, the petitioner preferred a revision, which has been rejected, wherein the revisional court has held that proceedings under the DV Act are quasi civil in nature, and accordingly, amendments to pleadings were permissible.
• Thereafter, a petition has been filed before the Allahabad High Court.
• Dismissing the petition, the High Court held that the order passed by the learned Magistrate allowing the amendment application, and the subsequent order of affirmation by the revisional court, cannot be said to suffer from any illegality.

What were the Court’s Observations?

• Justice Yogendra Kumar Srivastava observed that the proceedings before the Magistrate relating to reliefs claimed under Chapter IV of the DV Act, having been held essentially to be of a civil nature, the power to amend the complaint/application would have to be read in relevant statutory provisions, as a necessary concomitant.
• The High Court relied on the decision of the Supreme Court in Kunapareddy Alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari & Anr. (2016), wherein it was held the power to allow amendment to applications filed under the DV Act provided, no prejudice was caused to the other side. It was held that amendments could be allowed in circumstances where such amendment was necessary in light of subsequent events or to avoid multiplicity of litigation.

What is Chapter IV of DV Act?

DV Act:

• It is a social beneficial legislation enacted to protect women from domestic violence of all kinds.
• It provides for effective protection of the rights of women who are victims of violence of any kind occurring within the family.
• The preamble of this Act makes it clear that the reach of the Act is that violence, whether physical, sexual, verbal, emotional or economic, is all to be redressed by the statute.
• This Act was brought into force by the Central Government and Ministry of Women and Child Development on 26^th October 2006.

Purpose of DV Act:

• The very purpose of enacting the DV Act was to provide for a remedy which is an amalgamation of the civil rights of the complainant i.e. aggrieved person.
• It provides a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

Chapter IV of DV Act:

• Procedure for obtaining order of reliefs is stipulated in Chapter IV of the DV Act which comprises Sections 12 to 29.
• Under Section 12, an application can be made to the Magistrate by the aggrieved person or Protection Officer or any other person on behalf of the aggrieved person.
• Section 19 of the DV Act authorizes the Magistrate to pass residence order which may include restraining the respondent from dispossessing or disturbing the possession of the aggrieved person or directing the respondent to remove himself from the shared household or even restraining the respondent or his relatives from entering the portion of the shared household in which the aggrieved person resides, etc.
• Monetary reliefs which can be granted by the Magistrate under Section 20 of the DV Act includes giving of the relief in respect of the loss of earnings, the medical expenses, the loss caused due to destruction, damage or removal of any property from the control of the aggrieved person and the maintenance for the aggrieved person as well as her children, if any.
• Custody can be decided by the Magistrate which was granted under Section 21 of the DV Act.
• Section 22 empowers the Magistrate to grant compensation and damages for the injuries, including mental torture and emotional distress, caused by the domestic violence committed by the appellant.
• Section 23 vests the Magistrate with the power to grant interim ex parte orders. It is, thus, clear that various kinds of reliefs which can be obtained by the aggrieved person are of civil nature.