Jahanvi Agarwal
In a recent ruling, the Karnataka High Court has provided clarification on the applicability of Section 22 of the Protection of Women from Domestic Violence Act, 2005, emphasizing that compensation can only be granted when a case of domestic violence has been established.
This pronouncement came about as a result of a revision petition filed by a husband who contested the decision of the Sessions Court to award his wife Rs. 4,00,000 as compensation under Section 22 of the Act.
Justice Rajendra Badamikar, presiding over the case, underscored that the lower courts had unanimously determined that domestic violence was not substantiated in the matter. Additionally, it was acknowledged that the wife had converted to Christianity.
The judge went on to assert that, although no formal divorce had occurred, her conversion effectively dissolved the marriage, leading to the forfeiture of her rights. As he stated:
“Though there is no divorce between the parties, but, in view of conversion of the wife to Christianity, it would disclose that the marriage stands dissolved. Besides, there is no specific declaration passed in this regard by any competent Court of Law.”
The case unfolded following the couple’s marriage in 2000, resulting in the birth of two children, albeit one child passed away during childhood. The wife later filed a petition under Section 12 of the Domestic Violence Act, 2005, alleging domestic violence and dowry demands by her husband.
The husband countered these claims, asserting that the wife had left him and was responsible for their son’s death. He also revealed that she had converted to Christianity and attempted to convert their remaining female child. Due to his paralytic stroke and inability to support himself, he contended that he could not provide maintenance.
The Magistrate Court found that the wife had failed to substantiate claims of domestic violence and dismissed her petition. On appeal, the Sessions Court, while agreeing that domestic violence was unproven, ordered compensation based on her inability to support herself.
The High Court’s judgment emphasized that compensation under Section 22 of the Domestic Violence Act could only be granted if domestic violence was proven. Consequently, the court allowed the husband’s review petition, overturning the Sessions Court’s compensation order and reinstating the trial court’s decision.
Case Name: Ramesh B.S v. Navaneetha
Diary Number: 1326/2015
Bench: Justice Rajendra Badamikar