A FEMALE CAN NOT BE A RESPONDENT UNDER DV ACT
gurcharn goyal
(Querist) 20 January 2010
This query is : Resolved
can a female be a respondent under THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. Under section 2(q) of the said act respondent is only a male.
And in the decision of gwalior bench
RCR Criminal 2007(4)930(M.P.)case namely Ajay Kant V.Smt.Alka Sharma it is decided that a respondent will be male. can you give me the judgments in favor of Said citation.
Sanjeev Panda
(Expert) 24 February 2010
Many High Court have differed from the ruling given in Ajay Kant and Ors. v. Smt. Alka Sharma reported in 2008 (2) Crimes 235 (M.P.).Now there are judgments which says that female can also be respondent under the DV Act. Some of the judgments which provide that female can be a respondent are:
(a) Afzalunnisa Begum & Ors Vs. The State of A.P. & ors Criminal Petition No. 7160 and 8495 of 2008 pronounced on 02/06/2009 Andhra High Court
(b) The Hon’ble High Court of Rajasthan in Sarita vs Smt. Umrao, cited as 2008 (1) WLN 359
(c) The High Court of Rajasthan in Nand Kishore and Ors. Vs State of Rajasthan and Anr. cited as RLW2008 ( 4 ) Raj 3432
