The Supreme Court has ruled that the Protection of Women from Domestic Violence Act, 2005, is a civil law applicable to all women in India, regardless of their religion or social background. A bench led by Justices BV Nagarathna and N Kotiswar Singh emphasized that the Act is designed to provide more effective protection for women’s constitutional rights, ensuring that victims of domestic violence are safeguarded within domestic relationships, irrespective of religious or social distinctions.
The ruling came in response to an appeal by a woman challenging a Karnataka High Court decision regarding maintenance and compensation. The Supreme Court observed that the husband’s request for revocation of the original order was contrary to the principles of the Domestic Violence Act. It further noted that the maintenance already awarded in 2015 could not be retracted as requested by the husband, who had sought a refund of the amount paid to his wife.
The court clarified that under Section 25(2) of the DV Act, an alteration, modification, or revocation of an earlier order is possible only if there is a significant change in circumstances after the original ruling. The woman had initially received a court order in 2015 granting her ?12,000 per month as maintenance and ?1 lakh as compensation. In 2020, the husband sought to modify or revoke the order, citing changes in his situation. However, the Supreme Court upheld the original order in favor of the wife.
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