Can Foreigners Invoke The Domestic Violence Act In Indian Courts?
Victims of domestic abuse are provided protection under the Domestic Violence Act, 2005 in India. However, foreigners too can seek protection under the act seen in a recent incident.
An estranged wife, who is a US citizen, filed to domestic violence case in the Madras High Court. The complaint was filed by the wife to a Mahila court under the Domestic Violence Act, 2005.
To counter her complaint petition was filed by the husband to dismiss her case which wasn’t accepted by the Madras High Court.
The judge of the Madras High Court therefore refusing to strike down the wife’s case pronounced that foreigners can invoke the Domestic Violence Act before the Indian courts.
Key Highlights Of The Pronouncement Made–
The citizens of the United States or any other foreign citizen have the right to invoke the Domestic Violence Act, 2005 in India.
The pronouncement was made by the Madras High Court judge taking into consideration the provision under Article 21 of the Indian Constitution that provides the right to life. The right to life and also the right to personal liberty were taken into account.
Besides Article 21, section 27 of the Domestic Violence Act allows foreign citizens or NRIs or persons whose families belong to the jurisdiction of the family court to invoke the DV Act before Indian courts.