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D V Act

(Querist) 11 August 2009 This query is : Resolved 
Whether female member can be prosecuted under protection of woman from domestic violence Act 2005
Sarvesh Kumar Sharma Advocate (Expert) 11 August 2009
yes,
if she commit such offence dn ofcaurse she will...........
kranthi kiran (Expert) 11 August 2009
The Section Sec 2(q)of the DVA Act defines the respondent, against whom a complaint can be made.
it reads as follows
"respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;

Further Section 3 reads as follows

3. Definition of domestic violence.-

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it -
-----
------

From the above it can be clearly concluded that, female member cannot be prosecuted under the Domestic Voilence Act.


Guest (Expert) 12 August 2009
No.
Manish Singh (Expert) 13 August 2009
Dear Arvind,
a complaint against female relative of the husband (or who is living as a husband) can be made under the Doemstic Violent Act. it has been pronounced by the Higher courts in several judgments which also is self evident under the section itself,

my learned friends overlooked the section they have provided hereinabove.

"Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner"

we can see hereby that we can file a complaint against the relatives of the husband (or who is living as a husband)which includes male and female both.

Manish Singh (Expert) 14 August 2009
Dear Mr. Arvind and other memebers,
i apologise for providing wrong informtion as various judgments depict otherwise. i had read those judgments quite earlier and so was not hung of such things clearly.

a female person can nt be made responednt and also can not be prosecuted until now as the matter has not been settled by the Apex Court. there are judgments of HCs which say that women can not be made respondent under the act hence no liability shall arise on theor part.

Ajay Kant And Ors. vs Smt. Alka Sharma on 19 June, 2007 MP

Smt. Menakuru Renuka And Others. vs Smt. Menakuru Mona Reddy. on 22 October, 2008 AP
Kamal Grover (Expert) 16 August 2009
No
Your further clarification is welcome at nominal fee at;
adv.kamal.grover@gmail.com
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards


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