HC: FOREIGNERS CAN INVOKE DOMESTIC VIOLENCE ACT BEFORE INDIAN COURTS
An estranged wife, a US citizen, filed a domestic violence case in the Madras High court. She filed the complaint to a Mahila Court under the Domestic Violence Act, 2005. To counter her case, the husband filed a petition to dismiss her case. To this, the Madras High Court Judge pronounced that foreigners can invoke the Domestic Violence Act before the Indian Courts and refused to strike down the wife’s case.
Contents
• Pronouncement made
• Domestic Violence Act
Pronouncement made
• US citizens or any other foreign citizen have the right to invoke the Domestic Violence Act, of 2005
• The judge pronounced this judgment based on the provision under Article 21 of the constitution. Article 21 provides the Right to Life and also the right to personal liberty
• Section 27 of the Domestic Violence Act allows foreign citizens or NRIs or persons whose families belong to the jurisdiction of the family court shall invoke the law
Domestic Violence Act
The Protection of Women from Domestic Violence Act, 2005 provides the following security to Indian citizens:
• Protection against Domestic Violence, dowry, etc
• Judges shall pass custody orders, compensation orders, etc.
• Judges shall order monetary relief, medical facility
• A protection officer shall be appointed by the State Government
Estrange means someone who is no longer in friendly terms with the other.
KC v. UK (2023 Madras HC)
Justice SM Subramaniam said upon Section 27 of the Protection of Women from Domestic Violence (DV) Act “unambiguously stipulates that aggrieved person temporarily residing or carrying out business or employed is also falling within the ambit of the Domestic Violence Act, 2005. Therefore, a person, who is temporarily residing in India or Overseas Citizen of India, if abused economically by the spouse, who is residing in other country, is entitled to seek relief under the
Act. The cause of action arouses in India, since the aggrieved person is residing in India.”