New Delhi : The Supreme Court bench headed by Justice BV Nagarathna said that the Domestic Violence Act (DV Act) 2005 applies to all women. This law is to protect the rights given to women in the Indian Constitution and it applies equally to all women. This Act is like a civil code and hence it applies to all women of India. It does not matter which religion or community the woman belongs to. It applies to women of all religions and communities.
what is the current case
The woman had challenged the order of the Karnataka High Court. In fact, in February 2015, the woman had filed an application in the Magistrate Court under the DV Act for alimony etc. The Magistrate Court accepted the application and ordered to pay alimony of Rs 12,000 per month and compensation of Rs 1 lakh. The woman's husband challenged this decision. The appellate court rejected the application on the basis of delay.
After this, the husband filed a petition again. Then the appellate court accepted the husband's petition. The appellate court sent the case to the magistrate in the lower court and asked him to reconsider the application. The woman challenged this decision in the High Court. The High Court rejected the petition. The High Court directed the magistrate court to reconsider the petition filed by the woman's husband under Section 25 of the DV Act.
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what did the supreme court say
The Supreme Court has said that an application can be filed under Section 25 of the DV Act but this application can be filed only when there is a change in circumstances. After the change in circumstances, a petition can be filed to change the order. Here change in circumstances means change in income etc. That is, Section 25 (2) can be used when there is a change in circumstances.
The bench said that the husband cannot file an application for the refund of the money paid by him. The Supreme Court rejected the decision of the appellate court and the High Court.
