In a landmark judgment, the Supreme Court of India has reinforced that the Protection of Women from Domestic Violence Act, 2005, applies to every woman in the country, regardless of her religious affiliation or social background. The ruling came from a bench comprising Justice B V Nagarathna and Justice N Kotiswar Singh, emphasizing the universal applicability of the Act as a civil code designed to safeguard women’s rights under the Indian Constitution.
The case before the Supreme Court involved an appeal by a woman against a Karnataka High Court decision related to the denial of her applications for maintenance and compensation under the Act. Initially, a magistrate’s court had granted the woman Rs 12,000 per month for maintenance and Rs 1 lakh as compensation in February 2015. However, subsequent appeals and modifications by the courts questioned the enforcement and adjustments of these orders.
Justice Nagarathna and Justice Singh clarified the scope of the Domestic Violence Act, asserting its role in providing effective protection for women victims of domestic violence within domestic relationships. The Supreme Court’s verdict highlighted the critical nature of the Act in ensuring gender justice and equality, marking a significant affirmation of women’s legal protections.
In their decision, the justices addressed the procedural aspects of altering maintenance orders under Section 25 of the Act, which permits modifications based on changes in circumstances. They pointed out that such changes could be related to financial conditions or other significant alterations in the lives of the parties involved. The Court held that modifications to orders should be made prospectively, not retrospectively, ensuring that changes in circumstances are duly considered without unfair penalties to either party.
By setting aside the decisions of the lower courts, the Supreme Court dismissed the application filed by the woman’s husband for retrospective changes to maintenance payments. However, it granted him the liberty to file a fresh application should circumstances change, demonstrating the Act’s flexibility and responsiveness to the evolving needs of individuals involved in domestic violence cases.
