Domestic Violence Act – Objective of the Act is a measure of social justice applicable to each woman – Dismissal of Complaint in default for non-appearance of wife on a single day –

By the order dated 29.3.2023, the domestic violence petition of the respondent – complainant – wife was dismissed in default.   The application for its restoration was dismissed on 18.7.2023.

The Appellate Court allowed the appeal on the basis that absence of the wife was explained and there were no sufficient grounds to dismiss for non-appearance on a single date.

HELD that the protection of Women from Domestic Violence Act, 2005, is a measure of social justice applicable to each woman irrespective of religious affiliation or social background.   It was enacted to safeguard rights of the victims of “domestic violence” in “domestic relationship”.  The procedure is the handmaid of justice and is to come to the aid of justice rather than defeating it.   There is no blemish in the order of appellate Court when it was satisfied with explanation for non-appearance of respondent / counsel.

Order dated 5.4.2024 in CRL.M.C. 2740 of 2024 of Gulshan Kumar and another Vs. Nidhi Kashyap