The J&K and Ladakh High Court declared on Monday that women facing domestic violence do not need to await the conclusion of a full trial to secure interim residence protection. Presiding over a significant case in Srinagar, Justice Sanjay Dhar emphasized this urgent relief ensures victims immediate shelter and safety during ongoing legal proceedings.
Justice Dhar's observations came while hearing a petition from a woman who challenged a ruling by the Principal Sessions Judge, Kupwara. The Kupwara court had previously overturned a trial court's directive, which mandated her husband to provide safe and secure accommodation in their shared household.
The High Court meticulously examined Section 23 of the Protection of Women from Domestic Violence Act, 2005. This section empowers a Magistrate to grant various interim reliefs, including residence orders, while proceedings initiated under Section 12 of the Act are pending. Justice Dhar clarified that while a final residence order under Section 19 typically accompanies the final decision on a Section 12 application, an interim order can be issued much earlier in the process.
“A full-fledged trial is not required for interim relief,” the High Court noted, underscoring that a Magistrate only needs to be satisfied, based on the material presented, that the application prima facie indicates an act or likelihood of domestic violence. This approach aligns with the protective objective of the Domestic Violence Act, ensuring an aggrieved woman is not left without shelter.
Consequently, the High Court set aside the Principal Sessions Judge's view, which held that residence relief could only be granted post-trial. This ruling reinforces the legislative intent of the DV Act: to provide immediate, preventive protection rather than relief contingent on a lengthy legal battle.
Domestic violence remains a pressing concern in regions like Jammu and Kashmir, often exacerbated by patriarchal norms, economic pressures, and regional conflict. National Family Health Surveys indicate that approximately 10 to 11 percent of married women in J&K experience physical or sexual spousal violence, although local advocates believe actual figures are considerably higher due to intense social stigma.
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📰 Source: Mangalorean News