Foreigners are entitled to invoke DV Act: Madras High Court
Justice SM Subramaniam of the Madras High Court ruled that when even foreigners are entitled to invoke the Protection of Women from the Domestic Violence Act, 2005 before the Indian courts, a US citizen, a woman has the right to seek relief from the courts in India against the physical, mental and financial abuses faced by her from husband, an American Citizen.
The judge passed the orders on the grounds that Article 21 ensures the Right to Life and personal liberty not only to the Indian Citizens, but also to the Foreign nationals in the land.
He further pointed out that Section 27 of the Protection of Women from the Domestic Violence Act, 2005 allows a foreign national/temporary resident who comes under the jurisdiction of the family court, the magistrate court shall approach for legal remedies in domestic violence incidents.
The judge passed the orders on dismissing a civil revision petition filed by an Indian-origin US citizen who prayed for a direction to strike down a case filed by his estranged wife before a Mahila court under the DV Act, 2005.