05 April 2024 Domestic Violence >> Family Law  

In a recent case, a wife's petition under the Protection of Women from Domestic Violence Act (DV Act) was restored by the Appellate Court despite an earlier dismissal by the trial court for non-appearance. The husband and his relatives challenged the Appellate Court's order, but their petition was ultimately dismissed.

Background:

The wife filed a petition against her husband under the DV Act. However, the trial court dismissed the petition due to her absence on a hearing date. The wife then applied to have the petition restored, but this application was also dismissed by the trial court.

Undeterred, the wife appealed the dismissal order to the Appellate Court. The Appellate Court, finding the wife's explanation for her non-appearance reasonable, restored the petition. The wife was ordered to pay a cost of Rs. 10,000/- to the husband and his relatives.

Husband and Relatives Challenge Order:

The husband and his relatives disagreed with the Appellate Court's decision and filed a petition under Section 482 of the CrPC, challenging the restoration of the wife's DV petition.

Court's Reasoning and Decision:

The court dismissed the petition filed by the husband and relatives. The court acknowledged the importance of the DV Act in protecting women from domestic violence. The court also found the explanation provided by the wife for her initial non-appearance to be justified, as determined by the Appellate Court.

Furthermore, the court emphasized that legal procedures should be used to achieve justice, not hinder it. Since the Appellate Court found sufficient grounds for restoring the wife's petition, the court ultimately upheld the Appellate Court's decision.

Importance of the Case:

This case highlights the court's commitment to ensuring women have access to justice under the DV Act. Even if a petition is initially dismissed due to non-appearance, a reasonable explanation can lead to its restoration. The court prioritizes providing women with a platform to address domestic violence concerns.

  Protection of Women from Domestic Violence Act, 2005