‘Onerous conditions’ on complainants should not be imposed under Domestic Violence Act: SC

The appellant had challenged a condition imposed by the High Court and appellate court in which she was allowed to lead evidence subject to payment of Rs 20,000 per witness

A condition imposed by the Delhi High Court which allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs 20,000 per witness was recently set aside by the Supreme Court.

A Bench comprising Justices V Ramasubramanian and Pankaj Mittal held that it is not open for the courts to place such 'onerous conditions.' The court said that apart from being impermissible in law, the condition is more like a penalty for the appellant not proceeding with the trial.

"In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions upon the appellant, who claims to be a victim of domestic violence. What the Appellate Court and the High Court have ordered are actually in the nature of penalty for the appellant not proceeding with the trial. In the first instance, it is impermissible in law," the Bench said.

The appellant is the complainant in a case which was registered under the Protection of Women from Domestic Violence Act 2005. During the trial, the appellant's rights to lead evidence was closed and resulted in the rejection of the complaint.

Following this she filed an appeal and the same was allowed with a direction to reopen the case and allow the appellant to lead evidence subject to her paying cost of Rs 20,000 per witness. The appellant moved the Delhi High Court against it and the order was modified with her being asked to pay Rs 10,000 per witness. Moreover the Delhi HC and the appellate court had said that during the period she would not be entitled to maintenance.

The Supreme Court however did not concur with this view. The court proceeded to set aside that portion of the order by the appellate court and High Court imposing the cost on the appellant for examination of every witness. The Supreme Court also set aside the portion of the order where the woman was deprived from her interim maintenance. The Supreme Court also directed the trial court to permit the appellant to lead evidence without imposing an onerous conditions.

Domestic violence act:

The Domestic Violence Act is also known as the Protection of Women from Domestic Violence Act. It was enacted in 2005 to protect women from physical, emotional, sexual, verbal and economic abuse by their partners or family members.

Under this act, a woman who is a victim of domestic violence can file a complaint with the police. She can also obtain an order from the court.