Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

[Landmark Judgement] Kunapareddy v/s Kunapareddy Swarna Kumari (2016)

1 min read
Landmark Judgment Law Insider (1)

Published on: 30 October 2022 at 11:50 IST

Court – Supreme Court of India

Citation – Kunapareddy v/s Kunapareddy Swarna Kumari (2016) 11 SCC 774

Hon’ble Supreme Court of India has held that the orders passed by the Hon’ble Court of Magistrate under the provisions of Protection of Women from Domestic Violence Act, 2005 are primarily of civil nature.

However, the non-compliance of the Orders falls within the Criminal judicature of the Hon’ble Court of Magistrate.

Para – 12

In fact, the very purpose of enacting the DV Act was to provide for a remedy which is an amalgamation of civil rights of the complainant i.e. aggrieved person. Intention was to protect women against violence of any kind, especially that occurring within the family as the civil law does not address this phenomenon in its entirety. It is treated as an offence under Section 498-A of the Penal Code, 1860.

The purpose of enacting the law was to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

It is for this reason, that the scheme of the Act provides that in the first instance, the order that would be passed by the Magistrate, on a complaint by the aggrieved person, would be of a civil nature and if the said order is violated, it assumes the character of criminality.

Drafted By – Abhijit Mishra

Key Words – Civil Case, Domestic Violence, Amendment, Jurisdiction.