“Protection of Women from Domestic Violence Act, 2005 is a piece of Civil Code which is applicable to every woman in India irrespective of her religious affiliation:” SC

Recently while hearing the S Vijikumari vs. Mowneshwarachari C case, the Supreme Court (SC) bench of Justice BV Nagarathna and Justice N Kotiswar Singh observed that the Protection of Women from Domestic Violence Act, 2005 is applicable to every woman in India irrespective of her religion. The judgment reads, “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.” 

In this case, the appellant-wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The learned Magistrate allowed the petition granting Rs. 12,000 per month as maintenance and Rs. 1,00,00 towards compensation. Being aggrieved by the decision of the Magistrate, the respondent filed an appeal under Section 29 of the Act which was dismissed by the Appellate Court on the ground of delay. Further, the orders attained finality. Thereafter, the respondent filed an application under Section 25 of the Act before the learned Magistrate. The said application was dismissed. Being aggrieved, the respondent filed an appeal in 2020 under Section 29 of the Act before the Appellate Court.

The said appeal was allowed and the matter was remanded to the learned Magistrate with a direction to consider the application filed by the respondent under Section 25 of the Act, by giving an opportunity to both the parties to adduce their evidence and to dispose of the same in accordance with law. The High Court dismissed the wife’s revision against the order of the Session Court; therefore, she approached the apex court. During the proceedings, the wife argued that the husband sought to set aside the 2015 order, which is not permissible under Section 25(2) of the Protection of Domestic Violence Act, 2005. The SC 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. Unless there is a change in the circumstance requiring alteration, modification, or revocation of the earlier order owing to a change occurring subsequent to the order being passed, the application is not maintainable.” 

Further, the SC bench observed “...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.” After hearing the matter, the bench said, “...the orders of the High Court as well as the first Appellate Court are set aside and the application filed by the respondent is dismissed. However, liberty is reserved to the respondent herein to file a fresh application under Section 25 of the Act, if so advised. If such an application is filed by the respondent, the same shall be considered by the learned Magistrate having regard to the observations made above and on its own merits, which can be relatable to the period subsequent to the date of making the earlier order dated 23.02.2015 in the instant case. Any revocation of the order dated 23.02.2015 could be with effect from the date of the application, if any, to be made by the respondent herein or as ordered by the learned Magistrate.”