Why Delhi HC Want To Examine Domestic Violence Act, 2005?

The Protection of Women from Domestic Violence Act, of 2005 was introduced to provide immediate relief to aggrieved women. With time act has evolved, and challenged from time to time when they failed to provide relief. A petition is filed challenging the constitutionality of the Proviso to Section 19(1)(b) of the 2005 act, which restrains the eviction of any female from the matrimonial home.

Delhi High Court also agreed to review the constitutionality of the provision in regards to 'whether a woman can be ousted from the matrimonial house in proceedings instituted under the Domestic Violence Act, 2005.'  The bench led by Justice Satish Chander Sharma and Justice Subramonium Prasad heard a petition filed by Advocate Preeti Singh on behalf of a mother-in-law and issued notice to the Central Government and National Commission for Women on 21 December 2022. 

Court To Examine Domestic Violence Act 2005

Senior Advocate Rebecca John was appointed to assist the court with the constitutionality of the provisions of the PWDV Act. The petitioner first approached the Tis Hazari District Court for the eviction of her daughter-in-law from the shared matrimonial home, but the court dismissed it considering that no such orders can be passed against the female under Section 19(b) of the PWDV Act, 2005, the section debars any such orders against females. 

In the High Court, Advocate Preeti Singh made an argument that the PWDV Act is a woman-beneficial law and provides the right to the residence to the aggrieved woman under Section 19 of the Act and the Magistrate can direct the other family members to remove themselves from the shared household. By this means provision bars passing such orders against a female. 

Preeti Singh also submitted that the act cannot distinguish between mother-in-law and daughter-in-law. Thus, deprives Senior Citizens (Mothers-in-law) to exercise their rights under the act. It violates Article 14 of the Constitution of India. 

Further, the petition also says any woman in a live-in relationship is entitled to avail remedy of the right to residence under the PWDV Act, 2005 against her live-in partner. The same law cannot be exercised against her female live-in partner because of this provision. Singh also highlighted in the writing that aggrieved Mother-in-Law or Female Live-in partners are forced to exercise their rights under Civil Suits or the Senior Citizens Act. However, this only causes ambiguity and confusion considering the orders of different courts. Further resulting in an impasse while executing the orders. 

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