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Applicability of Domestic Violence Act religion-neutral: HC

Press Trust of India  |  Mumbai 

The provisions of the Domestic

Violence Act, 2005, are aimed at protecting the rights of women effectively and do not exclude Muslim women from its purview, the has ruled.

"The enactment of the Act in no way intends to restrict its application to any particular category of women, but it intends to protect any aggrieved woman who is a victim of domestic violence," Justice said.

The HC was hearing a petition filed by a city-based Muslim man challenging a court's order directing him to pay maintenance to his wife and children under the Act.

The petitioner claimed that they are from the Alvi Bohra community and hence both the parties are governed by Muslim Personal and their personal relationship is governed by the Muslim Personal (Shariat) Application Act 1937, the Dissolution of Muslim Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act.

The high court, however, in its order, passed earlier this month, refused to accept this contention.

"The definition and connotation of under the enactment does not indicate any intention, either expressed or implied, to exclude Muslim women," the said.

The HC observed that the scheme of the enactment does not restrict the applicability of the provisions of the Act to a particular category of women, nevertheless to a woman belonging to a particular religion.

It dismissed the man's petition and said the parties being governed by the Muslim Personal is not an impediment in the wife invoking the jurisdiction of the court under the Domestic Violence Act.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, May 14 2018. 23:05 IST
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