Witness Examination Under Domestic Violence Act Can Be Done Through Affidavit: Delhi High Court

The Delhi High Court has held that a witness’s examination-in-chief under the Domestic Violence Act can be submitted through an affidavit, as the proceedings are essentially civil in nature.

The court dismissed a husband’s plea challenging a Mahila Court’s order that allowed his wife’s father to submit evidence via affidavit.

The husband argued that the DV Act requires in-person testimony, but the Court clarified that the Act offers civil remedies, and the criminal element arises only if the relief granted is violated.

The Court held that procedures under the DV Act align with civil law, and the trial court rightly accepted the affidavit as valid evidence.