Supreme Court Quashed Magistrate's Order To Expedite Husband From US: Physical Presence Not Necessary In Domestic Violence Act Proceedings

The Supreme Court in the case Vishal Shah Versus Monalisha Gupta And Ors observed that the proceedings initiated under the Domestic Violence, there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature.

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The court in the case stated that such proceedings have no penal consequences except when there is a breach of a protection order, under Section 31 of the Act.

In the present matter, several proceedings were lodged against the appellant i.e., the husband and the respondent i.e., the wife against each other.

However, the appellant's passport, who was residing in the USA, was impounded.

The court observed one such case of domestic violence filed by the respondent against the appellant, her mother-in-law and five other relatives, a notice was issued to the appellant. However, when the said matter was listed again as the appellant was not present, the court directed authorities to initiate the extradition process. When challenged, the High Court affirmed this order. Thus, the court allowed the present appeal.

The court also noted that the Trial Court had grossly erred in directing the physical presence of the appellant.