Domestic Violence Act Applicable To Every Woman In India Irrespective Of Her Religious Affiliation & Social Background : Supreme Court

The Supreme Court has observed that the Protection of Women from Domestic Violence Act, 2005 is applicable to every woman in India irrespective of her religious affiliation.

"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 in order to protect women victims of domestic violence occurring in a domestic relationship," observed a bench comprising Justices BV Nagarathna and N Kotiswar Singh.

The bench made this observation while deciding an appeal against the High Court direction to a Magistrate to admit an application under Section 25(2) of the Act for the alteration/modification of an order passed under Section 12.

In this case, on 23.02.2015 the Magistrate passed an order under Section 12 of the DV Act allowing Rs.12,000 as monthly maintenance and Rs.1,00,000 as compensation for the wife. The order attained finality. In 2020, the husband filed an application under Section 25(2) of the Act seeking revocation/modification of the order owing to change in circumstance.Though Magistrate dismissed the application, the Sessions Court directed the Magistrate to consider the same. The wife's revision against the Session's Court's order was dismissed by the High Court and she appealed to the Supreme Court.

The wife argued that the husband in effect was seeking the setting aside of the original order passed in 2015, which is not permissible under Section 25(2).In the application under Section 25(2), the husband sought the setting aside of the order passed in 2015 and a direction to the wife to return the entire amount received by her.

The Court observed that there cannot be a setting aside of the order dated 23.02.2015 for the period prior to such an application for revocation being made.

The Court held that alteration/modification/revocation of an order passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be sought through Section 25(2) only on the basis of change of circumstances which took place subsequent to the passing of the order.

"..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," the Court stated.

For detailed report on the judgment - Domestic Violence Act | S. 25(2) Can Be Invoked Only Based On Change In Circumstances Which Occurred After S.12 Order Was Passed : Supreme Court