HC expounds: Affidavit filed by a Woman would suffice as Evidence for Maintenance from Husband under DV Act

April 1,2018:

High Court has held that,"A woman need not depose in court to make her case. The court, though, can permit the husband to cross-examine her based on the affidavit".

Bombay HC in its landmark ruling has expounded that an affidavit filed by the women would suffice as evidence. This has come as a boon to the wives battling for the maintenance from estranged husbands under the domestic violence act.

Question before Bombay High Court was Whether a woman who has filed an application under the Protection of Women from Domestic Violence Act, 2005 can be allowed to submit evidence in the form of an affidavit alone.

Magistrate in Pune had permitted such a submission, prompting the husband to move the HC in 2017.

Justice Anuja Prabhudessai, of Bombay HC held that DV Act allows Court to devise its own procedures to ensure speedy disposal.

She further added that,“The court, in its discretion, can allow evidence on affidavit and permit cross-examination to test the veracity of the evidence, a narrow interpretation would defeat the purpose of the act”.

DV Act provides effective and speedy protection to women who are victims of domestic violence, setting out a disposal deadline of 60 days.

HC concluded by stating that,“Though... there is no specific provision in the DV Act to give evidence on affidavit, Section 28(2)... gives flexibility to the court to depart from the procedure prescribed under Section 28(1) and to devise its own procedure in deciding application under Section 12...” This is an “enabling provision” which intends to achieve the object of the Act.

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