In the latest interpretation of the Domestic Violence Act, a city court has held that while the legislation must come to the aid of women in distress, it cannot grant relief, even to an unmarried sister, if she appears to be monetarily competent.

Additional Sessions Judge (ASJ) S K Sarvaria made it clear that the object of the law was to come to the rescue of underprivileged women in domestic relations — wives, mothers, sisters and live-in partners — and cannot stretch to the extent of directing a man to give compensation or residence rights to someone, who is well-to-do with means to maintain herself.

Justifying the view, ASJ Sarvaria said that a court cannot forget that when the interests of a large number of people are pitted against that of an individual, the latter’s benefits must give way to the former.

Significantly, The Protection Of Women From Domestic Violence Act, introduced in 2005, is peculiar in a manner that it is open to subjective interpretations by the judiciary, which keeping in sync with the changing times, had recently ruled that even a live-in partner was entitled to all the benefits under the statute, for it was also a domestic relation, like that of wife.

ASJ Sarvaria observed that the discretion the judges could exercise in passing orders under the Act must be based on sound judicial principles so that the women do not suffer.

“The case of a deprived wife or unmarried sister or daughter, who is unable to maintain herself and is thrown out of her matrimonial home or from the shared household, is on a different footing. On showing prima facie such facts to the court, the court may come with a heavy hand in support of such a woman to grant her relief.

... contd.