Section 125 CrPC vs DV Act: Wife can opt for both the remedies, SC has upheld the Delhi HC opinion [Read the Order]

Section 125 CrPC vs DV Act: Wife can opt for both the remedies, SC has upheld the Delhi HC opinion [Read the Order]

Section 125 CrPC vs DV Act: Wife can opt for both the remedies, SC has upheld the Delhi HC opinion [Read the Order]

Supreme Court has held that passing of an order under Section 125 of the Code of Criminal Procedure 1973 does not preclude the wife from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act 2005.

A bench of Justice Chandrachud and Justice Banerjee has passed the order in the case titled as NIKHIL DANANI vs TANYA BANON DANANIon 22.07.2019.

Supreme Court states "Having heard Ms Geeta Luthra, learned senior counsel for the petitioner and Ms Vibha Datta Makhija, learned senior counsel for the respondent, we are of the view that the High Court of Delhi was justified in coming to the conclusion that the mere passing of an order under Section 125 of the Code of Criminal Procedure 1973 did not preclude the respondent from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act 2005".

The Supreme Court then uphold the judgment under appeal as "Hence, we decline to entertain the special leave petition under Article 136 of the Constitution. The special leave petition is accordingly dismissed".

But it clarified as "However, we only clarify that any observations made by the High Court on the merits of the claim of the respondent under Section 23 shall not come in the way of the appropriate court taking a view on the merits of the matter".

Read the Order here:

 

Tags : Domestic ViolenceSec 125 CrPC