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now,women can also be booked under dv act,as per sc ruling

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Female relatives also liable under Domestic Violence Act: Supreme Court

Published: Tuesday, Feb 1, 2011, 20:16 IST
Place: New Delhi | Agency: PTI

SOURCE:http://www.dnaindia.com/india/report_female-relatives-also-liable-under-domestic-violence-act-sc_1501886

Female relatives of a husband can also be booked under the Domestic Violence Act if a complaint is lodged by the wife, the Supreme Court has ruled.

A bench of justices Altamas Kabir and Cyriac Joseph in a judgement set aside the concurrent orders of a sessions court and the Bombay High Court that female relatives of the husband cannot be booked under the Act as the legislation was meant only against the husband or any other male member.

"No restrictive meaning has been given to the expression 'relative' nor has the said expression been specifically defined in the Domestic Violence Act, 2005, to make it specific to males only."

"In such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act, 2005," Justice Kabir said writing the judgement.

The apex court passed the ruling while upholding an appeal filed by Sandhya Manoj Wankhade, the aggrieved wife, challenging the findings of the lower courts which besides precluding female members from being booked for the alleged offence, also asked her to vacate the matrimonial house in Amravati district in Maharashtra since it was registered in the name of her mother-in-law Ramabai.

The wife had filed the complaint against husband Manoj Bhimrao Wankhade, widowed mother-in-law Ramabai and a sister-in-law under the Protection of Women from Domestic Violence Act, 2005.


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Consultant

This is called as creating new laws by self imagination, judiciary is there to interpret laws not create it . DV act specifically mentions "male respondent" but corrupt judiciary wants to make more money out of it.


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Self Employed

@Avnish ji

 

DV Act mentions that husband's "relatives" can be booked."relatives" doesn't mean "male relatives".It includes both genders.

Rather it's a blessing.Even a cruel daughter inlaw can be booked by mother inlaw,if her son is no more and can't defend her.Else cruelty will continue,without any relief.Do u want this?

This decision will bring equality of both s*xes.

Otherwise even when mother inlaw is more cruel than the husband,only husband faces all pressure,while his mother sits and watches the scene.

Such a decision will serve a good lesson to all cruel female inlaws,that they cant harass another woman by shooting at her from the shoulders of male members and then getting away from it.


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Consultant

madam please go through dv act , it mentions male respondent


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NA

I am posting this from the bare act. Now it is your turn to read it carefully Avnish Madam. 

 

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


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NA

This would take you to the text I have posted, Meenal and Avnish. It says Compaint against a husband's relative or a male partner. Husband's relative would be both male and female , 

Or a male partner expression does not affect the validity of first expression: Husband's relatives...

 

http://www.vakilno1.com/bareacts/domestic-violence/s3.htm

 
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UNEMPLOYED

1) respondent" means any adult male person

2) also file a complaint against a relative of the husband or the male partner

THE ABOVE CLEARLY SHOWS THAT ONLY A MALE BE RESPONDENT.


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propra

Although the interpretation is correct ........................... still the drafted law is humorous.

 

"aggrieved person" also means any woman............ who is in domestic relationship such as............. when they are related by consanguinity..............

 

(q) "respondent" means any adult male person ..........and if respondent happens to be husband or male partner in the nature of marriage then his relatives........................

 

I

 

A) An "aggrieved female" is married then.........

She can file DV against husband, all in-laws ...

 

B) Else If an "aggrieved female" is un-married/single/divorced/widowed/minor or major .........and if she is living, or has lived before in a shared household,  with relatives, parents (whether joint family or not ) when they are related by consanguinity..............  to call it a domestic relationship  then.......

 

 

She can file DV against males relatives ....................such as father, male guardian, foster/step....relatives as  father, brothers, cousins,  foster/step brothers,........ all male relatives where there is joint family

 

 

But she can't file DV against female relatives when they are related by consanguinity.................such as mother/female guardianstep/foster/step....relatives as......  mother & sisters ...all female relatives where there is joint family ....................

EVEN THOUGH SHE MAY BE SUBJECTED TO DOMESTIC VIOLENCE by FEMALE RELATIVES !!!!!!

 

 
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Self Employed

No need to interpret so much now.

 

SC has ruled that women will also be respondents from now on!

 

So kudos to SC!

 
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NA

Arup ji, sorry to say but it is not male relative, it i sjust relative, and male partner is her husband or a male partner in live in relationship. And yes, Meenal is right...Arup ji, you have to now convince SC with your interpretation. 

 
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