The Delhi High Court has held that in proceedings under the Protection of Women from Domestic Violence Act, 2005, the examination-in-chief of a witness can be submitted in the form of an affidavit.
Justice Neena Bansal Krishna made this observation while dismissing a plea filed by a husband, who had challenged the Mahila Court’s order that allowed the wife’s father to submit his testimony through an affidavit.
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“The reliefs granted under the enactment are essentially civil in nature and therefore, the procedure of recording examination in chief by way of affidavit cannot be faulted,” – Justice Neena Bansal Krishna
The case arose during the pendency of proceedings under the DV Act, where the wife had filed an application requesting to submit her father’s evidence through an affidavit. The trial court accepted her request, which led to the husband approaching the High Court, claiming that such evidence must be presented in-person before the court.
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However, rejecting the husband's arguments, the Delhi High Court clarified that the remedies provided under the Domestic Violence Act are civil and not criminal in nature. The Court explained that the law primarily deals with civil reliefs, which are to be handled through civil procedure. It is only when there is a violation of any court order under the Act that criminal consequences come into play.
“The obvious intention is to ensure that the Orders are not defeated with impunity by following the procedure of implementation / execution of the Order under the Code of Civil Procedure,” – Delhi High Court
The Court also elaborated that in order to expedite the execution of orders and provide immediate relief to the aggrieved person (usually the complainant), the DV Act allows for criminal procedure to be invoked in case of non-compliance with court directions.
Further emphasizing the procedural aspect, the Court observed that the trial court's decision to allow the wife’s father to present his examination-in-chief by way of an affidavit was valid and consistent with the law and procedural rules under the DV Act.
“The order of the trial court directing examination in chief of the wife's father to be led by way of an affidavit of evidence was in accordance with the law and the Rules envisaged under the DV Act,” – Delhi High Court
Title: SACHIN GAUR v. STATE OF NCT OF DELHI & ORS.
