(Querist) 16 July 2008
This query is : Resolved
Respected sir,i need a judgement of suprem court & gujarat high court regarding that no case will be file agaist female or mother & sisters of husband in D.V.A.if any judgement given by suprem court or gujarat high court pl send as soon as possible.....thank u very much.
(Expert) 17 July 2008
Dear Mehul, There is no need of caselaw on which point the law itself is much clear.
Domestic Violence Act:-- 2. Definitions.-In this Act, unless the context otherwise requires,-
(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
(q) "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;
Jatin Sapra 9312223345,Delhi
(Expert) 20 July 2008
There is a judgement of Madhya Pradesh High Court by name of Alankrita Vs .... something like this of 2007 but this is not yet clearifies by the apex court. The statue also not clear on this aspect as the word used in the proviso of the section is also 'relative no male relative ,. It is further clearified that in some other sections also the statute alo impraisiased on the word woman. So in my interpretation the womans can be respondents under this act.It is debatable issue.