Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Gulshan Kumar & Anr. v. Nidhi Kashyap has held that Protection of Women from Domestic Violence Act, 2005 (DV Act) is a measure of social justice applicable to each woman, irrespective of religious affiliation or social background.

What was the Background of Gulshan Kumar & Anr. v. Nidhi Kashyap Case?

• In brief, a Domestic Violence petition was preferred on behalf of respondent/wife was dismissed in default by the learned Trial Court vide order dated 29^th March 2023.
• Thereafter, an application was preferred on behalf of the respondent for restoration of the same before the learned Trial Court which was also dismissed vide order dated 18^th July 2023.
• Thereafter, the respondent filed an appeal before Appellate Court and the Court observed that the absence of the respondent/wife has been explained and there were no sufficient grounds before the learned Trial Court to dismiss the petition on the basis of non-appearance on a single date.
• Considering the facts and circumstances, the learned Appellate Court directed to restore the Domestic Violence petition, subject to payment of cost of Rs. 10,000/- by the respondent to appellants.
• A Petition has been preferred before the Delhi High Court on behalf of the petitioners (husband of the respondent and relatives) against order dated 05^th March 2024.
• The petition is accordingly dismissed by the High Court.

What were the Court’s Observations?

• Justice Anoop Kumar Mendiratta observed that DV Act is a measure of social justice applicable to each woman irrespective of religious affiliation or social background. The same was enacted to safeguard the rights of the victims of domestic violence in domestic relationships.

What is the DV Act?

About:

• It is a social beneficial legislation enacted to protect women from domestic violence of all kinds.
• It was brought into force on 26^th October 2006.
• 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, are all to be redressed by the statute

Objectives:

• The main object of the Act is to provide more effective protection to the constitutional rights of women and to protect them against violence of any kind occurring within the family.
• It provides remedy for enforcement of rights of a woman e.g. Right to residence, Maintenance, Custody, Protection and compensation.

Domestic Violence:

• The term Domestic Violence has been widely defined under Section 3 of this Act.
• Any act, omission or conduct which harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person, constitutes domestic violence.
• Even harassment, threat or coercion to meet any unlawful demand for any dowry or other property or valuable security is covered under it.
• Thus, domestic violence would include everything which harms or tends to cause any mental, physical, emotional, sexual or economical harm/injury to the aggrieved woman.