The Karnataka High Court has ruled that an application made by a woman under the Protection of Women from Domestic Violence Act, 2005, cannot be dismissed by the trial court without first issuing a notice to the respondents or conducting an inquiry.
A single judge bench, led by Justice M Nagaprasanna, upheld the petition filed by a woman and overturned the trial court’s order dated March 18, 2024. The trial court had dismissed her application, concluding that it did not present a case of domestic violence.
On going through the complaint the court said, “A perusal at the complaint/application filed under Section 12 of the Act, there is abundant material to demonstrate prima facie that there was domestic violence by the respondents herein.”
Following this it said “A notice in the least or an enquiry in the least ought to have been conducted by the concerned court, nipping in bud by dismissing the complaint undoubtedly causes great prejudice to the wife—applicant. If there is no case later found out, appropriate orders would be passed by the concerned Court not dismissing the complaint itself as maintenance, residence and all other interim reliefs were also sought at the hands of the concerned Court by the petitioner wife.”
The court held that because no notice was issued to the respondents, the impugned order would be set aside. The application would be restored to the trial court, with instructions for the trial court to follow proper procedures and proceed based on the merits of the case.
