Does the Supreme Court’s Ruling Mean Physical Presence Is No Longer Required in Domestic Violence Cases?

Feb 24

3 min read

The Supreme Court of India, in a significant ruling, held that physical presence is not mandatory in proceedings under the Protection of Women from Domestic Violence Act, 2005. The Court quashed an order issued by a Magistrate directing the extradition of a husband residing in the United States, emphasizing that domestic violence cases are quasi-criminal in nature and do not warrant personal appearance unless there is a breach of a protection order under Section 31 of the Act.

Background of the Case

The case involved multiple legal disputes between the appellant (husband) and the respondent (wife). The appellant, residing in the United States, had his passport impounded due to ongoing proceedings. In a domestic violence case filed by the respondent against him, his mother, and five other relatives, the Magistrate issued a notice for his appearance. Upon his failure to appear, the Court initiated extradition proceedings against him.

The appellant challenged the extradition order, arguing that his inability to travel to India was due to the impoundment of his passport. The High Court, however, upheld the Magistrate's order, prompting the appellant to approach the Supreme Court.

Supreme Court’s Observations

The Bench, comprising Justices Pankaj Mithal and Sandeep Mehta, found that the Trial Court had overstepped its authority by mandating the appellant’s physical presence. The Court underscored that domestic violence proceedings, being quasi-criminal, do not justify compelling an individual’s personal attendance.

"We may observe that as the proceedings under the DV Act are quasi-criminal in nature, thus, there cannot be any justification to require the personal presence of the appellant in these proceedings," the Bench stated.

Additionally, the Court noted that the impoundment of the appellant’s passport was a direct violation of natural justice, as he was not given an opportunity to be heard. Referring to the landmark case Maneka Gandhi v. Union of India, the Supreme Court ruled that the impoundment was ex-facie illegal and directed the authorities to release the passport within a week.

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Quashing of Criminal and Civil Cases

Another critical aspect of the ruling was the Court’s assessment of the irretrievable breakdown of marriage between the parties. Citing previous judgments, including Shilpa Sailesh v. Varun Sreenivasan and Kiran Jyot Maini v. Anish Pramod Patel, the Court evaluated factors such as the period of cohabitation, the severity of allegations, and past reconciliation efforts.

The Court observed that the couple had lived together for only 80 days before separating permanently, and multiple legal disputes had further strained their relationship.

“The facts before us indicate that there was hardly any cordiality or meaningful marital relationship between the parties. Their relationship has been strained from the beginning and has further deteriorated over time.”

Acknowledging the irretrievable breakdown, the Court dissolved the marriage and ordered the appellant to pay Rs. 25 lakhs as a one-time alimony settlement. Additionally, all pending criminal and civil cases between the parties were directed to be closed.

Key Takeaways from the Judgment

No Mandatory Physical Presence: The ruling reinforces that personal appearance is not required in domestic violence proceedings unless there is a violation of a protection order.
Illegal Passport Impoundment: The Supreme Court reaffirmed the principles of natural justice, holding that impounding a passport without giving the individual an opportunity to be heard is unlawful.
Recognition of Irretrievable Breakdown: The Court continues to rely on judicial precedents to dissolve marriages where reconciliation is impossible, setting a precedent for future matrimonial disputes.

Conclusion

This judgment serves as an important legal precedent, emphasizing procedural fairness in domestic violence cases and protecting the rights of individuals residing abroad. By quashing the extradition order, the Supreme Court has reaffirmed that legal proceedings must align with principles of justice, ensuring that judicial orders do not result in undue hardship.

Case Name: Vishal Shah v. Monalisha Gupta & Ors., Arising out of SLP(Crl.) No(s). 4297 of 2023.