Delhi High Court Affirms Domestic Violence Act’s Universal Application

The Delhi High Court has reiterated that the Protection of Women from Domestic Violence Act, 2005 applies universally to all women, dismissing a petition that challenged the reinstatement of a domestic violence complaint.

Delhi High Court

The Aryavarth Express
Agency(New Delhi): Justice Anoop Kumar Mendiratta of the Delhi High Court has emphasized the comprehensive scope of the Protection of Women from Domestic Violence Act, 2005, stating it serves to provide social justice to all women, regardless of their religion or societal status. This declaration came as the court dismissed a petition filed by a man and his relatives, who contested a lower court’s decision to reinstate a domestic violence complaint lodged by his wife.

The complaint had initially been dismissed by a magisterial court when the wife failed to appear; however, it was subsequently restored by an appellate court. The appellate court determined that dismissing the complaint due to a single non-appearance lacked sufficient grounds, a decision that the petitioners claimed was aimed at harassing them.

In his ruling, Justice Mendiratta upheld the appellate court’s restoration of the complaint, affirming that the reasons for the wife’s absence were justifiably accepted by the court. He further noted that procedural norms should aid in delivering justice, not obstruct it.

This ruling underscores the judiciary’s commitment to enforcing legal protections for all women, highlighting the fundamental principles of equality and justice embedded within Indian law.

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