The Bombay high court on Tuesday directed the secretary of women and child welfare department to remain present in the court next month while seeking clarification on a circular issued by them with regard to counselling under Domestic Violence (DV) Act.
A division bench of chief justice Mohit Shah and justice Roshan Dalvi directed the secretary to remain present while taking suo motu (on its own) cognisance of a letter written by one Jaya Sagade, deputy director with the women study centre, ILS law college.
Sagade had written a letter in March pointing out that a circular issued by the women and child welfare department was violative of law as it disallowed counselling for mediation before filing any litigation under the DV Act.
The law proposes mediation at any stage. However, a circular of the department of July 24, 2014 states that counselling cannot be permitted under DV Act before filing any litigation.
Sagade has said that the stand taken by the department is contrary to law and violates fundamental rights of citizens.
The HC took cognisance of the letter and converted it into a suo motu public interest litigation.
The judges noted that the law proposes counselling and mediation to reduce litigation and hence parties involved could go for litigation at any stage.
The HC has asked the secretary to remain present in court on July 24.
