Domestic Violence Act applicable to every woman irrespective of religious affiliation: SC

Irrespective of religious affiliation and/ or social background, the Domestic Violence Act is applicable to every woman to protect then from domestic abuse reiterates the Supreme Court of India

PTI, NEW DELHI, SEPT 26, 2024: The Protection of Women from Domestic Violence Act, 2005, is a civil code applicable to every woman in India, irrespective of her religious affiliation or social background, the Supreme Court has said.

A bench of Justice B.V. Nagarathna and Justice N. Kotiswar Singh stated that the 2005 legislation was designed to provide more effective protection of women's rights guaranteed under the Constitution.

"The Act is a piece of civil code which is applicable to every woman in India, irrespective of her religious affiliation and/or social background, for a more effective protection of her rights guaranteed under the Constitution and to protect women victims of domestic violence occurring in a domestic relationship," the bench said.

The Supreme Court delivered its verdict on an appeal filed by a woman challenging an order of the Karnataka High Court in a matter related to the grant of maintenance and compensation. The woman had earlier filed a petition under Section 12 of the Act, which was allowed by a magistrate in February 2015, granting her Rs 12,000 as monthly maintenance and Rs 1 lakh towards compensation.

The apex court noted that the husband had filed an appeal against the order, which was dismissed by the appellate court on the grounds of delay. It also noted that later, he filed another application under Section 25 of the Act, which deals with the duration and alteration of orders, before a magistrate, but the same was dismissed. The bench said that thereafter, he filed an appeal before the appellate court, which allowed it and remanded the matter to the magistrate with a direction to consider his application, giving an opportunity to both parties to adduce their evidence.

It noted that, aggrieved by the order, the woman approached the high court, which dismissed her plea in April last year and directed the magistrate to consider the application filed by the man under Section 25 of the Act.

In its verdict, the apex court referred to Section 25 and said it was evident that an aggrieved person or a respondent, as defined under the Act, can seek alteration, modification, or revocation of an order made under the provisions of the Act if there was a change in the circumstances as per sub-section (2) of Section 25.

The bench said a magistrate, while exercising discretion under Section 25(2) of the Act, has to be satisfied that a change in the circumstances has occurred, requiring an order of alteration, modification, or revocation.

It noted that a change in circumstances under the Act may be of a pecuniary nature, such as a change in the income of the respondent or the aggrieved person, or it could be a change in other circumstances of the party paying or receiving the allowance, which would justify an increase or decrease in the maintenance amount ordered by the magistrate.

"The phrasing of the provision is wide enough to cover factors like the cost of living, income of the parties, etc. Further, a change in circumstances need not just be of the respondent but also of the aggrieved person," the top court said.

"However, for the invocation of Section 25(2) of the Act, there must be a change in the circumstances after the order being passed under the Act," it said, adding: "Thus, an order for alteration, modification, or revocation operates prospectively and not retrospectively."

The bench said the husband cannot seek its retrospective applicability to request a refund of the amount already paid as per the original order. The bench set aside the orders of the high court and the first appellate court and dismissed the application filed by the man.