DV ACT APPLIES TO ALL WOMEN IN INDIA, REGARDLESS OF ANY RELIGION RULED BY SC

by | Sep 27, 2024

Headline

The Supreme Court of India stated that DV Act applies to all women regardless of any religion, and sets limits on Section 25(2) of the act. 

Summary

The Supreme Court of India held that the Protection of Women from Domestic Violence Act will apply to all women in India, regardless of religion. It shed light that Section 25(2) of the DV Act can only be invoked to alter an order based on changes in situations after the original ruling.

Key Facts

  • Case Name: S. Vijikumari v. Mowneshwarachari C  
  • Judges Name:Justice BV Nagarathna and Justice N Kotiswar Singh  
  • A 2015 order granted maintenance of Rs.12,000 monthly and a compensation  Rs.1,00,000.  
  • The husband sought revocation in 2020, claiming changed situations , but the Supreme Court of India limited this claim.

Legal Insights

The Supreme Court of India stressed that Section 25(2) of the Act permits alterations only for post-order changes, refusing the attempt of the husband to retroactively modify the order of 2015.

Impact

The judgment strengthens the right to protection under the Domestic Violence Act for all women and sets clear limitations on invoking Section 25(2) of the act.

Why It Matters

The ruling of the Supreme Court of India safeguards the rights of women by controlling misuse of modification provisions in domestic violence cases, ensuring fair legal protection.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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