NEW DELHI: In a landmark order, the Delhi High Court has established that foreign nationals have the right to claim protection under the Domestic Violence (DV) Act 2005, including the right to reside in a “shared household” with Indian citizens, regardless of their visa status.
Justice Anup Jairam Bhambhani delivered the judgment, emphasising that the DV Act’s purpose is independent of a woman’s citizenship status. The ruling asserts that the laws protection extend to any woman in a domestic relationship, irrespective of whether she holds Indian citizenship or is in the country legally.
The case arose when a foreign national’s plea for protection under the DV Act was initially dismissed by a Mahila court. The sessions court had directed local police to investigate her citizenship status before proceeding.
Justice Bhambhani overturned this order, stating that citizenship concerns are irrelevant to the laws provisions. He clarified that the Section 17 of DV Act guarantees every woman in a domestic relationship the right to reside in a shared household.
The statute does not mention citizenship or visa status as factors influencing this right. He highlighted that domestic relationships, as defined by the Act, do not necessitate marriage or Indian citizenship, thus reinforcing that foreign nationals can also be considered aggrieved under this law.
The court emphasised that issues related to a foreign national’s visa status should not interfere with the rights provided under the DV Act.