New Delhi: The Supreme Court has said that the Protection of Women from Domestic Violence Act, 2005, is a civil law applicable to all women across India, irrespective of their religious or social background.
A bench consisting of Justice B V Nagarathna and Justice N Kotiswar Singh emphasised that the 2005 legislation is designed to provide more effective protection for women’s constitutional rights, ensuring safeguards for victims of domestic violence within domestic relationships.
“The Act is a civil code applicable to every woman in India, regardless of her religious affiliation or social background, to more effectively protect her rights guaranteed under the Constitution and safeguard women victims of domestic violence occurring in domestic relationships,” the bench stated.
The Supreme Court’s ruling came in response to an appeal by a woman who challenged a Karnataka High Court order regarding maintenance and compensation.
Previously, the woman had filed a petition under section 12 of the Domestic Violence Act, which was upheld by a magistrate in February 2015. The magistrate granted her a monthly maintenance of Rs 12,000 and Rs 1 lakh in compensation. However, the husband appealed against the order, but his appeal was dismissed due to a delay in filing.
