Application By Woman Under Domestic Violence Act Can't Be Dismissed By Trial Court Without Issuing Notice, Carrying Out Inquiry: Karnataka HC

The Karnataka High Court has said that an application made by a woman under provisions of the Protection of Women from Domestic Violence Act, 2005, cannot be dismissed by the trial court without issuing notice to the respondents or carrying out an enquiry.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by a woman and set aside the order dated 18-03-2024, passed by the trial which had on going through the application dismissed it by observing that the case does not project any domestic violence.

On going through the complaint the court said, “A perusal at the complaint/application filed under Section 12 of the Act, there is abundant material to demonstrate prima facie that there was domestic violence by the respondents herein.”

Following this it said “A notice in the least or an enquiry in the least ought to have been conducted by the concerned court, nipping in bud by dismissing the complaint undoubtedly causes great prejudice to the wife—applicant. If there is no case later found out, appropriate orders would be passed by the concerned Court not dismissing the complaint itself as maintenance, residence and all other interim reliefs were also sought at the hands of the concerned Court by the petitioner wife.”

Thus it held that since no notice was even issued to the respondents, the impugned order would be set aside and the application would be restored before the trial court with a direction to the trial court to regulate its procedure and proceed further on its merits.

Appearance: Advocate Dileep N for Petitioner.

Citation No: 2024 LiveLaw (Kar) 300

Case Title: ABC AND XYZ & Others Case No: CRIMINAL PETITION NO. 4710 OF 2024

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