Legal Alert

KERALA HC REJECTS PLEA BY MAN ORDERED TO STAY AWAY FROM RESIDENCE ON MOTHER’S COMPLAINT OF DOMESTIC VIOLENCE

The Kerala High Court has dismissed a plea challenging constitutionality of Section 19(1)(b) of the Protection of Women from Domestic Violence Act 2005. The Section under challenge empowers the Magistrate, on being satisfied that domestic violence has taken place, to pass a residence order directing the ‘respondent’ to remove himself from the shared household. Justice Sunil Thomas, who heard the plea, observed that the Protection of Women from Domestic Violence Act is ‘a self-contained Statute intended to protect the interest of aggrieved women, who are exposed to domestic violence’. The court also observed that the Act is brought in to give effect to the constitutional mandate and also in accordance with international convention adopted by the United Nations and is binding on the member countries.