Amit Sundra v. Sheetal Khanna was a domestic violence case under the Protection of Women from Domestic Violence Act, 2005. The Delhi High Court vacated a stay the husband had obtained on a Magistrate Court’s order allowing the wife to reside in the marital home and receive monthly maintenance.
In this case, the Delhi High Court addressed the manner in which child witnesses should be examined in trials involving sexual offenses. The Court stressed that extreme caution must be exercised to avoid re-traumatization or intimidation of the child. It held that questioning must be simple and clear, avoiding long or complex formulations that might confuse or unsettle the witness. The Court permitted reasonable breaks during testimony and suggested measures such as the use of a screen to shield the child from directly viewing the accused or the larger courtroom.
A woman filed charges of domestic abuse against her husband and mother-in-law. The mother-in-law argued that she could not be charged under India's 2005 Protection of Women from Domestic Violence Act because the person to be charged is specifically defined as male. The High Court denied this claim, holding that although the law defines adult men as the primary defendants, it allows the complaint to charge a man's relatives as secondary defendants.
