Headline
The Supreme Court of India condemns issuance of bailable warrant in the cases of Domestic Violence Act.
Summary
The Supreme Court of India condemned the issuance of bailable warrants in a case under the Protection of Women from Domestic Violence Act, 2005, stating it as unreasonable as such proceedings are quasi-criminal and have no penal consequences unless a protection order is violated .
Key Facts
- Case Name: Alisha Berry v. Neelam Berry
- Judge Name: Justice Sandeep Mehta.
- The petitioner, a mother of a specially abled son, asked for the transfer of a Domestic Violence Act case filed by her mother-in-law from Delhi to Ludhiana.
- The Trial Court had issued bailable warrants against the petitioner, which the Supreme Court of India considered unwarranted and unreasonable .
- Ms. Asawari Sodhi, Advocate and Ms. Zehra Khan, AOR, appeared for the petitioner.
Legal Insights
Proceedings under the Domestic Violence Act (DVA) are considered quasi-criminal and do not warrant bailable warrants unless a safeguard order is breached .
Impact
This judgment strengthens that procedural justness must be maintained in the cases of domestic violence, protecting individuals from unwarranted legal burdens.
Why It Matters
The ruling of the Supreme Court makes sure that the judicial discretion is exercised carefully in serious family disputes, stopping the misuse of procedural powers.
Source
