- 1 - HC-KAR NC: 2026:KHC-D:1131 WP No. 103982 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.103982 OF 2021 (GM-RES) BETWEEN: SHRI. GOPALRAO S/O. TUKARAM KUKDOLKAR, AGE. 49 YEARS, OCC. BUSINESS, R/O. CTS NO.178/A, 001 GROUND FLOOR, OMKAR APARTMENT, BUDHAWARAPETH, TILAKWADI, BELAGAVI-590006. …PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. THE UNION OF INDIA, REPRESENTED BY PRINCIPAL SECRETARY, MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS, NEW DELHI, INDIA-110001. 2. SMT. MILAN W/O. GOPALRAO KUKDOLKAR, AGE. 43 YEARS, OCC. CONSULTING ENGINEER, NOW R/O. 178/A OMKAR APARTMENT, BUDHWARPETH, TILAKWADI, BELAGAVI,TQ. AND DIST. BELAGAVI-590006. …RESPONDENTS (BY SRI. SANJAY S.KATAGERI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) DECLARE THE DV ACT, 2005, UNCONSTITUTIONAL BEING VIOLATIVE OF ARTICLES 14, 15(1), 15(3) AND 21 OF THE CONSTITUTION OF INDIA; B) CONSEQUENTLY, ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING ANNEXURE A I.E. THE ORDER DATED 29-12- 2020 IN CRI.MISC.NO.73/2019 PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASS IV COURT, BELAGAVI. C) ALTERNATIVELY, IT IS PRAYED THAT, SECTION ‘2(A)’ I.E. ‘THE AGGRIEVED PERSON’, AND SECTION 3(A) I.E. ‘THE DOMESTIC VIOLENCE’, AND SECTION 20 OF THE DV ACT 2005 BE DECLARED UNCONSTITUTIONAL AND VIOLATIVE OF ARTICLES 14, 15 AND 21 OF THE CONSTITUTION OF INDIA; D) ISSUE ANY OTHER WRIT, ORDER OR DIRECTION WHICH THIS HON’BLE COURT DEEMS IT FIT AND PROPER, IN THE FACTS AND CIRCUMSTANCES OF THE CASE. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1131 WP No. 103982 of 2021 THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER (PER: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI) The present writ petition is filed seeking the following prayers: “A) Declare the DV Act, 2005, unconstitutional being violative of articles 14, 15(1), 15(3) and 21 of the Constitution of India; B) Consequently, Issue a writ, order or direction in the nature of Certiorari quashing Annexure A i.e. the order dated 29-12-2020 in Cri.Misc.No.73/2019 passed by the Judicial Magistrate First Class IV Court, Belagavi. c) Alternatively, it is prayed that, section ‘2(a)’ i.e. ‘the aggrieved person’, and section 3(a) i.e. ‘the domestic violence’, and section 20 of the DV Act 2005 be declared unconstitutional and violative of Articles 14, 15 and 21 of the Constitution of India; D) Issue any other writ, order or direction which this Hon’ble court deems it fit and proper, in the facts and circumstances of the case.” 2. The learned counsel appearing for the petitioner submits that the aggrieved person is only a woman and that is discriminatory and violation of Article 14 of the Constitution of India. It is submitted that by the order impugned the Trial Court had directed the husband not to enter into the premises without permission of the wife. It is submitted that the said house - 3 - HC-KAR NC: 2026:KHC-D:1131 WP No. 103982 of 2021 belongs to the petitioner and the Court ought not to have passed such an order. As such, the petitioner is before this Court questioning the violence under the Domestic Violence Act, 2005 as unconstitutional and being violative of Article 14, 15(1), 15(3) and 21 of the Constitution of India. 3. Learned counsel appearing for the Union of India submits that the said issue is no more res-integra as the Hon'ble Apex Court in the case of Hiral P. Harsora and Others v. Kusum Narottamdas Harsora and Others1 has held that the entire provisions of Domestic Violence Act have been upheld by Hon'ble Apex Court except 2(q) of the Act. He has relied on paragraph number 44 of the said judgment. “44. An application of the aforesaid severability principle would make it clear that having struck down the expression "adult male" in Section 2(q) of the 2005 Act, the rest of the Act is left intact and can be enforced to achieve the object of the legislation without the offending words. Under Section 2(q) of the 2005 Act, while defining “respondent”, a proviso is provided only to carve out an exception to a situation of "respondent" not being an adult male. Once we strike down 'adult male', the proviso has no independent existence, having been rendered otiose.” 4. Further, it is submitted that the petitioner in MFA No.101955/2021 as per the order dated 05.04.2023 had entered 1 (2016) 10 SCC 165 - 4 - HC-KAR NC: 2026:KHC-D:1131 WP No. 103982 of 2021 into a compromise and an amount of Rs.1,00,00,000/- was paid to the wife along with other properties. It is submitted that now the entire dispute between the parties is compromised and at this stage, questioning an order that is passed on the Domestic Violence Act cannot be considered. Further, in the light of the judgment of the Hon'ble Apex Court in Hiral P. Harsora’s case (referred supra), nothing survives for consideration before this Court. 5. Having heard the counsel on either side, perused the material on record. The first submission of the petitioner that the person aggrieved is a woman is unconstitutional and violative Article 14 of the Constitution of India. This Court is not able to appreciate the said submission. It is already upheld by the Hon'ble Apex Court in Hiral P. Harsora’s case (referred to supra) and the fact that when the Act itself is for the protection of women from domestic violence, in that case, the aggrieved party would be the women. Then coming to the protection order/residence order granted by the Court is concerned, that is in consonance with the provisions of the Act, which are upheld by the Hon'ble Apex Court. Hence, this Court do not find any - 5 - HC-KAR NC: 2026:KHC-D:1131 WP No. 103982 of 2021 reason to entertain this writ petition and this Court is passing the following: ORDER (i) The writ petition is dismissed. (ii) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN, CT: UMD List No.: 1 Sl No.: 2