The Delhi High Court held that a wife’s right to reside in her shared household under the Domestic Violence Act cannot be denied merely because her husband was disowned by his parents, affirming that the marital home qualifies as shared regardless of ownership.
Today, On 18th February, The Supreme Court criticized states and Union Territories for failing to submit status reports on implementing the Domestic Violence Act. Expressing strong disapproval, the court emphasized the need for accountability in protecting victims’ rights. It directed authorities to ensure proper enforcement and support mechanisms for affected individuals. The bench warned of serious consequences for continued non-compliance.
The Supreme Court of India criticized a Magistrate’s issuance of bailable warrants against Alisha Berry in a domestic violence case filed by her mother-in-law under the D.V. Act. The Court deemed the warrants unnecessary and agreed to transfer the case from Delhi to Ludhiana, highlighting the quasi-criminal nature of D.V. proceedings.
![[Marital Rape] "Potential Misuse of Laws": NGO Files Plea in SC Against Criminalization](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/10/image-29-1.png?resize=447%2C367&ssl=1)
The Justice for Rights Foundation NGO filed an application in the Supreme Court regarding the criminalization of marital rape, voicing concerns over potential misuse of laws. They argue existing protections are sufficient and warn that new legal frameworks could lead to wrongful accusations, impacting the sanctity of marriage and mediation efforts.
The Supreme Court of India Today (Oct 17) is considering several petitions that seek to criminalize marital rape, which is currently exempt from prosecution under Indian law if it occurs between spouses. The case is being heard by a bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. Senior Advocate Karuna Nundy appeared before the court, representing civil appeals. During the proceedings, the CJI asked Nundy, “Are you appearing before us in the appeal against the Delhi High Court verdict?” Nundy confirmed, “Yes, I am appearing.” The CJI noted, “It is a constitutional question. There are two judgments before us, and we need to make a decision.”
Today, On 3rd October, the Centre argued against decriminalizing marital rape, asserting that existing laws protect married women’s consent. The Union Home Ministry emphasized that marital violations differ from other cases and suggested that criminalization is a societal issue requiring broader consultation. Current laws already address consent violations within marriage, the Centre stated.
The Supreme Court today(26th Sept) confirmed that the Protection of Women from Domestic Violence Act, 2005, applies to all women in India, safeguarding their constitutional rights. The ruling stemmed from a case concerning maintenance, emphasizing that modifications under Section 25 are only applicable for changes post-initial orders. Previous appeals were dismissed, allowing for future applications under the Act.
