A FOREIGN NATIONAL HAS THE RIGHT TO FILE A COMPLAINT UNDER SECTION 12 OF THE DOMESTIC VIOLENCE ACT

The Rajasthan High Court ruled a foreign national can file a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Court said that protection is also granted to temporary residents as per the plain reading of “aggrieved person” under the Act. Justice Vinit Kumar Mathur further cited that Article 21 extends the right to life and personal liberty to a person who is not a citizen of India. 

The HC was hearing an appeal by a foreign national against an order passed by the Additional District & Sessions Judge Jodhpur Metropolitan. The husband and wife were both Canadian citizens and had been residing in Jodhpur for the past 25 years. The petitioner, the husband, filed an application seeking rejection of the complaint filed by the respondent-complainant under the DV Act on ground non-maintainable.

Counsel for petitioner (husband) argued that the parties are not Indian and therefore maintainable. Counsel appearing for the wife submitted that as per section 2(a) of the Act, an aggrieved person includes a foreign citizen who had suffered domestic violence. 

In light of the argument, the single bench dismissed the petition.