In February 2023, which high court ordered that even foreigners can invoke Domestic Violence Act, 2005 in Indian courts and that the residence of women is immaterial?
Show answer & explanation
Correct answer: B
Explanation
The correct answer is Option 2 i.e. Madras.
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In February 2023, the Madras High Court ruled that even foreigners can invoke the Domestic Violence Act, 2005 in Indian courts, and the residence of the woman is immaterial.
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This decision came from a petition filed by an American citizen against her husband in a Chennai family court.
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The husband had obtained a unilateral divorce and custody order from a US court, but the Madras High Court clarified that Indian courts have the jurisdiction to hear domestic violence cases independently.
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The court emphasized that under Section 27 of the Act, even temporary residents are entitled to protection, and under Article 21 of the Constitution, every person, whether citizen or foreigner, has the right to protection.
Explanation of other options:
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Option 1: Delhi High Court – It ruled that male members, especially husbands, do not get protection under the Domestic Violence Act.
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Option 3: Bombay High Court – It ruled that Indian courts can try cases of domestic violence occurring on foreign soil.
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Option 4: Calcutta High Court – No known ruling grants foreigners protection under the Domestic Violence Act.