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Synopsis

The Delhi High Court recently held that the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) represents a pivotal measure of social justice, applicable to every woman regardless of her religious affiliation or social background.

The bench of Justice Anoop Kumar Mendiratta held, “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”. 

A husband and his relatives lodged a petition challenging the decision passed by the Additional Sessions Judge. The order had reinstated the domestic violence complaint filed by the wife, which was initially dismissed by the trial court due to her non-appearance. However, the appellate court deemed the grounds for dismissal insufficient and hence reinstated her complaint.

The petitioner’s counsel asserted that the deliberate absence of the wife before the trial court was a calculated move aimed at causing harassment to the husband and his relatives. Additionally, it was argued that the wife was involved in other legal disputes with the same parties, and there was insufficient justification presented before the Appellate Court to warrant the restoration of the proceedings.

However, the high court recognized the Protection of Women from Domestic Violence Act, 2005 as a vital instrument of social justice, extending its protection to every woman irrespective of religious or social identity. Enacted to safeguard the rights of victims within domestic relationships, the Act embodies the ethos of gender equality and the imperative to combat domestic violence, court said.

Upon thorough scrutiny, the court observed that the order issued by the appellate court was impeccable. The presiding Additional Sessions Judge was duly satisfied with the explanation provided by the wife, it held.

“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 bench held.

Given the nuances of the case at hand, there arose no justifiable basis for intervention in the impugned order, as the wife had adequately substantiated the rationale behind seeking the reinstatement of proceedings.

The decision rendered by the appellate court underscores a commitment to upholding the principles enshrined in the law, particularly concerning the protection of vulnerable individuals within the realm of domestic relationships. Domestic violence, an insidious societal ill, necessitates robust legal frameworks and judicial diligence to address its prevalence and mitigate its impact on victims.

Accordingly, the court dismissed the petition. 

Case Title: Gulshan Kumar & Anr. v Nidhi Kashyap (CRL.M.C. 2740/2024)