Which of the following statement is are CORRECT about Madras High Court decision of February 2023 regarding Domestic violence case?
1. Any woman residing in India either temporarily or permanently is entitled to seek relief from a court of law under the Domestic Violence Act even if her spouse lives outside the country.
2. The court said that the cause of action arises in India since the aggrieved person is residing here, even if abused economically by the spouse residing in another country.
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Correct option is C

The correct answer is (c) Both 1 and 2

Explanation:

In February 2023, the Madras High Court passed an important judgment that expanded the scope of the Protection of Women from Domestic Violence Act, 2005, especially with respect to women who reside in India but are facing domestic abuse, including economic abuse, by a spouse residing abroad.

Statement 1:

• The court ruled that any woman residing in India, whether temporarily or permanently, is entitled to seek relief under the Domestic Violence Act, even if her spouse lives outside the country.
• This includes Overseas Citizens of India (OCI) or foreign nationals residing in India.
• Correct.

Statement 2:

• The court observed that the cause of action arises in India if the aggrieved person resides here, even if the abuse, such as economic abuse, is committed by the spouse who is located in another country.
• This interpretation ensures that Indian courts have jurisdiction over such cases when the woman resides in India.
• Correct.

Information Booster:

Key Highlights of the Judgment:

• Case Background: The case involved a woman who was an OCI cardholder and had filed a domestic violence complaint in Chennai against her husband, a U.S. citizen residing in the USA.
• Court's Observations:

o  Section 27 of the Domestic Violence Act allows the aggrieved person residing temporarily in India to seek relief.

o  Residence in India is sufficient to establish jurisdiction, even if the spouse is abroad.

o  Foreign judgments do not necessarily negate the jurisdiction of Indian courts.

Economic Abuse under the Domestic Violence Act:

• Economic abuse is defined as:
• Deprivation of financial resources, such as salary, savings, or property.
• Preventing the victim from engaging in work or education.
• Control over the victim's income and property, making them financially dependent.