The basic relief proceedings under the Protection of Women from Domestic Violence Act (PoWDVA), 2005 are purely civil in nature though the Parliament had consciously empowered judicial magistrates to adjudicate the rights of victim women by predominantly adopting procedures prescribed under the Code of Criminal Procedure (Cr.P.C.), the Madras High Court has held.
Second Division Bench of Justices M. Duraiswamy and Sunder Mohan passed the ruling while answering references made by two single judges - Justices R. Subramanian and K. Murali Shankar - since there were contradictory verdicts on the issue by different judges of the High Court with some terming it to be criminal proceedings and others as civil proceedings.
The Bench pointed out the statement of objects and reasons of PoWDVA clearly states that it was aimed at providing civil law remedies to victims of offences or civil wrongs or both committed by adult males. It specifically states there was no civil law to address the phenomenon of domestic violence which constitutes an offence under Section 498A of Indian Penal Code.
