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A WOMEN other than WIFE can be booked under DV Act

Page no : 2

Mugundhan (Lawyer)     13 October 2010

@ Suchitra, Pl. see sec. 2(q) of the DV Act:

(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 marriage may also file a complaint against the relative of the husband or the male partner;
 

So in the case you mentioned you had in your office, there is no bar for the mother in law to be added as a party as per Sec. 2(q).

Learned friends, pl correct me if I am wrong. Thank You.

Suchitra. S (Advocate)     13 October 2010

Sir, there will be two parties : Aggrieved and the respondent. And aggrieved, according to the Act, should be a woman.

Now, concentrate on the definition 2 (q) : It says, 'respondent' means any "MALE"......

 

How can a mother in law can become a 'respondent' ? She is a FEMALE, right ?  :)

Mugundhan (Lawyer)     13 October 2010

@ Suchitra

mother in law comes under the category of the relative of the husband against whom the complaint can be filed. Respondent no doubt is defined as a male. But in the proviso, it has been given that complaint can be made against the relative of the husband. It is here I say that, it has not been mentioned as a male relative only. So it includes mother in law.

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Suchitra. S (Advocate)     13 October 2010

Oh, yes !  I agree with you. Thanks for enlightening me Sir..   :)


(Guest)

DV Act is only a civil law and hence it can be applied retrospectively.

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