Can husband file a case under DV Act for physically assault against wife happened several times in view of the supreme court judgement - Hiral Harsora vs Kusum Harsora case by K. Joseph and R.F. Nariman where they replaced the word 'any adult male' by 'any person'
@N.J.S. Rajkumar sir
Yes, that's why I am asking. In Md. Zakir vs Shabana case justice Anand Byrareddy made that kind of judgement but after a time (may be after criticism by feminine counterparts) he withdrew that judgement.
It is true, but if there is mistake on apparent tenor, in some cases known to me, High courts deleted some paras and even amended the judgments suo motu . Known cases to me LIC lift case where they imposed penalty on First Appellate Authority, when RTI Act stipulated no such penalties (Madras High Court) and in another case when it was judged that applicant should necessarily state the reason as to why he requires that information, later withdrawn while noting the stipulation in the act that citizen need not require to state any reason for seeking information under RTI Act.
"Patently erroneous" judgments can not be rectified by reviewing judgments under 362 of CPC and only that clerical and arithmetic mistakes can be corrected under such stipulation is the essence of the above judgment.. and those patently erroneous judgments must be dealt as per law and not under 362 of CPC is the essence of judgment.
Those circumstances stated in that judgment are about not verifying digital signatures and not precedents in law. I am not still able to understand as to whether judgments can be withdrawn for other reasons than under 362 of CPC and the precise answer for the original query.