Issuing bailable warrant in domestic violence case is inappropriate, Supreme Court gave this decision

New Delhi: The Supreme Court has expressed displeasure over the issuance of bailable warrant under the Domestic Violence Act (DV Act), 2005. The Supreme Court has said that in cases under the DV Act, the court said that there is no justification for issuing bailable warrants in cases under the DV Act, as these are quasi-criminal in nature. The court said that unless there is a violation of the protection order, there is no punitive effect due to it, in such a situation there is no justification for issuing a bailable warrant. The Supreme Court has decided in the case under the DV Act made for women due to domestic violence. Criticized the magistrate issuing the bailable warrant. The top court said it was constrained to hold that there was no justification for the trial court to issue a bailable warrant in an application filed under the provisions of the DV Act. In such a situation, it was completely inappropriate for the Magistrate to issue a bailable warrant against the petitioner.

During the hearing, the petitioner’s lawyer told the court that a bailable warrant has been issued against his/her client. Counsel for the petitioner submitted that the petitioner has a specially abled (hearing impaired) minor son. he/she is unemployed and is completely dependent on his/her father for his/her livelihood. It was also informed that the trial court has issued a bailable warrant against the petitioner. The Supreme Court termed the bailable warrant issued against the petitioner as unjustified.

The petitioner woman also said that this case is pending in Tis Hazari Court which should be transferred to Ludhiana. The Supreme Court said that the divorce petition filed by the woman’s husband has already been transferred to Ludhiana, hence the present petition is also accepted and directions are given to transfer the case. Also, the Supreme Court said that if there is a facility of video conferencing in the trial court, then both the parties should get its benefit.