NEW DELHI: The Supreme Court has said that the Protection of Women from Domestic Violence Act, 2005, is a civil code that is applicable to every woman in India irrespective of her religious affiliation or social background.A bench of Justice BV Nagarathna and Justice N Kotiswar Singh said the 2005 legislation was applicable to all women for more effective protection of their rights guaranteed under the Constitution.“The Act is a piece of civil code which is applicable to every woman in India irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the Constitution and in order to protect women victims of domestic violence occurring in a domestic relationship,” the bench said recently.The top court delivered the verdict on an appeal filed by a woman challenging an order of the Karnataka High Court in a matter related to the grant of maintenance and compensation.“In fact, the prayers sought for by the respondent are contrary to the spirit of sub-section (2) of Section 25 of the Act. While making such a prayer, the respondent could not have sought in substance for setting aside of the original order of February 23, 2015 passed seeking refund of the maintenance amount, which was paid to the appellant pursuant to the said order,” the SC observed allowing the wife’s appeal.The SC held that alteration or modification or revocation of an order passed under Section 12 of the DV Act can be sought through Section 25(2) only on the basis of change of circumstances which took place after the passing of the order.The woman had filed a petition under Section 12 of the DV Act which was allowed by a magistrate in February 2015 granting `12,000 as monthly maintenance and `1 lakh compensation to her.In 2020, the husband filed an application under Section 25(2) of the DV Act seeking revocation or modification of the order owing to change in circumstance.Also in top courtGodhra case: Final hearing in Jan 2025The top court on Thursday posted the hearing on criminal appeals filed by the convicts in 2002 Godhra train burning case, to the third week of January 2025. The two-judge bench comprising Justices JK Maheshwari and Rajesh Bindal made it clear that there won’t be any further adjournments given to any party in the case.Can’t let PMLA to be an ED tool, says SCThe apex court on Thursday said constitutional courts cannot allow provisions of Prevention of Money Laundering Act to become instruments in the hands of Enforcement Directorate to continue incarceration for a long time. It said when the trial is likely to prolong beyond a limit, the courts must consider bail.
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