DISCHARGE IN DOMESTIC VIOLENCE CASE


Friends,

I am inclined to revise my opinion posted in the Forum under the same message title, in view of a Bombay High Court Judgement dated 25th August 2009 - http://indiankanoon.org/doc/323922/ which I am now convinced is the correct interpretation of s.2(q) of the Protection of Women From Domestic Violence Act, 2005.

According to the said decision, if the aggreived person is a wife or female living in partner then the Respondent can be female relative of the Husband or live in partner. According to the decision if the agrreived person is other than the wife or female live in partner e.g. aggreived person  initating the proceedings in the capacity of mother, daughter or sister then the respondent can be only "adult male person". Proviso of s.2(q) has made exception in the case of wife and female live in partner.

Kiranji was right when he stated, "all depends upon the facts and circumstances of the case"

I have tried to post this message in the same thread. However I was unsuccessful and therefore has commenced this new thread.


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Lawyer

sir your post is already there and two times in fact :-)

 
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Yes sir I noted. I do not know what went wrong.

 
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