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vignesh Achar (advocate)     31 October 2009

domestic violence act

Is it the case that under The Domestic Violence Act, husbands female relatives cannot be made as the respondents by the aggrieved person (i.e. WIFE) ? I was told thereis a judgement on this point of law...  can anybody kindly enlighten me on this aspect/... thanks.



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 7 Replies

Suchitra. S (Advocate)     31 October 2009

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(Guest)

Vignesh

If the wife or live in partner is filing the complaint then female relatives of the husband or the male live in partner can be respondents.  This is the correct interpretation. You can get the copy of the judgement in the "File" section of LCI under the heading DV ACT landmark judgement of bombay High C0urt. In fact it is show as top downloads. In the alternative you can visit indiankanoon.org/doc/323922. The judgement is available free for you on the said site.

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Sanjeev Kuchhal (Publishers)     31 October 2009

The the judgment of Bombay High Court it is held that "Word "relative" in proviso to section 2(q) includes a female relative."

I am attaching the said judgment.


Attached File : 24 24 dvact female relaives.txt downloaded: 236 times
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vignesh Achar (advocate)     01 November 2009

thank u sirs......

sunil pagare (lawyer)     01 November 2009

Vinesh there are twp

gurcharn goyal (sirsa)     20 January 2010

Sanjeev Kuchhal thanks for your reply and thanks for all.

Renjith Sadanandan (Advocate)     06 February 2010

 There is clear statutory provision. You may go through the statute. A residence order however cannot be made against a female if the prayer is to remove the female from a house she possess or owns absolutely. The relatives include female relatives by blood, marriage and adoption.


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