The Delhi High Court has held that allegations of physical assault, verbal abuse, and obscene or inappropriate conduct within a household at the interim stage fall within the broad definition of domestic violence under the PWDV Act 2005.
The Delhi High Court held that allegations involving physical assault, verbal abuse, and inappropriate or obscene conduct within a domestic setting when considered at the interim stage fall within the broad scope of “domestic violence” under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act).
The Court was deciding a petition challenging an appellate order passed under Section 29 of the PWDV Act, which modified the Trial Court’s direction granting interim maintenance to the respondent-wife under Section 12 of the Act.
ALSO READ: Husband Rolling In Money: Court Raises Domestic Violence Compensation to Rs 1 Crore
The Single Bench of Justice Swarana Kanta Sharma noted,
“There are also allegations of inappropriate and obscene conduct by the brother of the petitioner towards her, as well as allegations of physical assault by the petitioner and his family members. Such allegations, if taken at face value, fall within the broad contours of ‘domestic violence’ as defined under the PWDV Act.”
The parties were married in 2013 and have two minor children. Due to matrimonial discord, they started living separately in 2019, with each parent taking custody of one child.
Thereafter, the respondent-wife initiated proceedings under Section 12 of the PWDV Act, alleging that the petitioner-husband and his family members subjected her to mental, physical, and economic abuse. The allegations included claims of physical assault, verbal abuse, humiliation, and harassment linked to dowry, along with complaints concerning the conduct of the petitioner’s relatives.
On the basis of these assertions, the Trial Court granted interim maintenance, which was partly modified by the Appellate Court.
Aggrieved, the petitioner approached the High Court and, among other contentions, argued that:
- no case of domestic violence was made out, and
- the allegations were false and not supported by evidence.
The High Court noted that the existence of a domestic relationship between the parties was not disputed. It also observed that the application filed by the respondent-wife under Section 12 contained detailed allegations of cruelty and harassment during the marriage.
Importantly, the Court emphasized that at the stage of granting interim relief, the adjudicating authority is not required to conclusively determine whether the allegations are true or false. Instead, the inquiry is limited to whether the allegations, on a prima facie reading, disclose acts that come within the statutory meaning of domestic violence.
In this regard, the Court relied on the principle that if the allegations are taken at face value, they broadly satisfy the definition particularly when they relate to physical assault, humiliation, abuse within the household, and other conduct contemplated by the PWDV Act.
The Court also took note of the Appellate Court’s reasoning, which recorded that while the allegations were denied by the petitioner, they prima facie indicated domestic violence for the purpose of deciding interim maintenance.
The Court further observed that the issue would require full trial adjudication on merits.
ALSO READ: Celina Jaitly Alleges Domestic Violence by Husband Peter Haag, Mumbai Court Issues Notice
The Court held that the respondent-wife satisfied the requirement of being an “aggrieved person” under Section 2(a) of the PWDV Act because the allegations were prima facie borne out from the material on record at this stage.
The Court concluded that, considering the allegations at the threshold/interim stage, the case fell within the ambit of “domestic violence” under the PWDV Act and justified the grant of interim relief.
Accordingly, it declined to interfere with the findings of the courts below on this issue and proceeded with the remaining questions in accordance with law.
Case Title: Anurag Manohar Kankerwal v. Soham Rani (Neutral Citation: 2026:DHC:2821)
Click Here to Read More Reports On Domestic Violence