Examination In Chief Of Witness In Proceedings Under Domestic Violence Act Can Be Tendered By Way Of Affidavit: Delhi High Court

The Delhi High Court has observed that in the proceedings under the Domestic ViolenceAct, the examination in chief of a witness can be tendered by way of an affidavit.

Justice Neena Bansal Krishna said that the reliefs granted under the enactment are essentially civil in nature and therefore, the procedure of recording examination in chief by way of affidavit cannot be faulted.

The criminality essentially kicks in cases in which violation of the remedies of the reliefs granted, the Court said.

The Court dismissed a plea filed by a husband challenging a Mahila Court order permitting the evidence affidavit of the wife's father. During the pendency of the DV Act proceedings, the wife had preferred an application for adducing additional evidence of her father by way of an affidavit which was allowed by the trial court.

The order was challenged by the husband on the ground that under the DV Act, the evidence has to be led in the Court in person and cannot be permitted to be taken by way of an affidavit.

Rejecting the plea, the Court observed that the remedies provided under the DV Act are civil and not criminal remedies. It added that the enactment provides civil remedies which are to be adjudicated essentially by following the civil procedure, but the criminality gets attached in case of violation of any order made under the Act.

“The obvious intention is to ensure that the Orders are not defeated with impunity by following the procedure of implementation / execution of the Order under the Code of Civil Procedure. In Order to expedite the execution of the Orders, so that immediate relief can be given to the Complainant, it has been provided that the criminal procedures for implementation of the Order made under DV Act may be resorted to,” the Court said.

It added that the order of the trial court directing examination in chief of the wife's father to be led by way of an affidavit of evidence was in accordance with the law and the Rules envisaged under the DV Act.

Title: SACHIN GAUR v. STATE OF NCT OF DELHI & ORS.

Citation: 2025 LiveLaw (Del) 437

Click here to read order