By Dr. Anup P. Shah
Chartered Accountant
INTRODUCTION
The
Protection of Women from Domestic Violence Act, 2005 (“the DV Act”) is a beneficial Act that asserts the rights of women who are subject to domestic violence. Various Supreme Court and High Court judgments have upheld the supremacy of this Act over other laws and asserted from time to time that this is a law which cannot be defenestrated.
In the words of the Supreme Court (in
Satish Chander Ahuja vs. Sneha Ahuja, CA No. 2483/2020), domestic violence in this country is rampant, and several women encounter violence in some form or the other almost every day. However, it is the least reported form of cruel behaviour. The enactment of this Act is a milestone for protecting women in this country. The purpose of the enactment of the DV Act, as explained in
Kunapareddy Alias NookalaShanka Balaji vs. Kunapareddy Swarna Kumari and Anr., (2016) 11 SCC 774 - to protect women against violence of any kind, especially that occurring within the family, as the civil law does not address this phenomenon in its entirety. In
Manmohan Attavar vs. Neelam Manmohan Attavar, (2017) 8 SCC 550, the Supreme Court noticed that the DV Act had been enacted to create an entitlement in favour of the woman of the right of residence.
Recently, the Supreme Court, in the case of
Prabha Tyagi vs. Kamlesh Devi, Cr. Appeal No. 511/2022, Order dated 12th May 20
