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 Supreme court judgments in favor of Said citation.
Guest
(Expert) 20 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691,09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE DOMESTIC VIOLENCE ACT AND SC.JUDGEMENTS KINDLY NOTE THAT.
1.DOMESTIC VIOLENCE ACT IS A LATEST LAW AND STILL MATTERS ARE PENDING AT C.J.M.COURT AND COURT OF SESSIONS AND HIGH COURTS.MATTERS MAY ALSO BE PENDING AT SC.
2.HENCE YOU MAY CHECK UP SUPREME COURT OFFICIAL WEBSITE FOR THE SAME.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
A V Vishal
(Expert) 20 January 2010
In a significant order, Bombay High Court has ruled that complaint can be filed against female relatives of husband under the Domestic Violence Act.
In the present case the petitioner, a woman who was driven out of house by her in-laws, had filed a complaint against her husband, mother-in-law, and two sisters-in-law.
The complaint against her mother-in-law was relevant, because the petitioner had sought a relief that she be allowed to live in the house which was in her mother-in-law's name.
Archana Naik, the petitioner, married Hemant Naik in May 1986. Her relations with her in-laws soured a few years after the marriage. In June 2004, according to her complaint under `Protection of Women For Domestic Violence Act', she was beaten up by her husband, mother-in-law and others, and was thrown out of home.
She filed a complaint with the magistrate under the Act, demanding, among other things, that she be allowed to live in the matrimonial house.
The Magistrate, in 2008, passed an interim order, asking her in-laws to allow her to stay in their house. Judge also asked police in Daman to provide her with protection.
Urmilaben Naik, her mother-in-law, along with others challenged magistrate's order before sessions court.
They contended that under the Domestic Violence Act, relief cannot be sought against a female relative of husband.
They also argued that house which they were ordered to share with Archana belonged solely to Urmilaben, so Archana had no claim on it.
Sessions court upheld this contention, deleting names of female relatives, including the mother-in-law, from the proceedings.
But the High Court, in their order reversed this direction. Justice Abhay Oka held that if the legislature wanted to exclude female relatives from the definition of "respondent", it would have specifically made such provision. Justice Oka, therefore, quashed sessions court order, and asked Magistrate to proceed with the trial.
Sukhija
(Expert) 21 January 2010
I agree with expert Vishal.
Arvind Singh Chauhan
(Expert) 21 January 2010
Vishal Sir have quenched your thirst. In addition to this I have to state that, in Batra's case Honble SC held that "order of shared house hold can not be passed against mother in law ". SC no where said that female can not be a respondent, other wise in place "order of shared house hold can not be passed against mother in law ", the words may be " females can not be a respondent". Case cited by you is decide on july 2007, after it Andhra HC also was of the same view. But after these judgments one judgemnt of BOB HC dissnted with this view. Recently KER HC on 24.08.2009 and on 25-08-2009 in case refered by Vishal Sir BOM HC well explained that female can be respondent in DV ACT.
gurcharn goyal
(Querist) 21 January 2010
thanks for your valuable guidlines. my query is solved
