Domestic violence
Waseem
(Querist) 12 September 2011
This query is : Resolved
Respected ALL,
i have very complicated and important topic which i hope can only be resolved as per my opinion if the same is discussed before this forum.
As we all know women's can also be made one of the party to Domestic Violence Complaint, but my query is very simple n i hope the best of the advocates would be able to answer this, WHETHER A MOTHER IN LAW CAN FILE DOMESTIC VIOLENCE COMPLAINT AGAINST HER DAUGHTER IN LAW ONLY. (IN THIS CASE DAUGHTER IN LAW IS THE ONLY ONE RESPONDENT WHO IS FEMALE AND NO OTHER MALE PERSON ARE MADE RESPONDENT). IS SUCH APPLICATION UNDER DV Act MAINTAINABLE. PLEASE PROVIDE UR SUGGESTIONS, OPINION AND JUDGEMENT RELEVANT TO THAT.
Waseem
(Querist) 12 September 2011
SIR BUT WITHOUT THERE BEING ANY MALE RESPONDENT HOW CAN A COMPLAINT UNDER DV ACT BE MAINTAINABLE. THE SEC 2(q) OF DV Act CLEARLY THE STATES THE CATEGORY OF PERSON WHO CAN BE RESPONDENT. I KNOW A WOMEN CAN BE MADE RESPONDENT BUT NOT EXCLUDING MALE MEMBER. A DOMESTIC VIOLENCE COMPLAINT CANNOT BETWEEN ( FEMALE V/S FEMALE) SHE CAN BE RESPONDENT ALOGWITH THE MALE PERPETRATOR.
H. S. Thukral
(Expert) 12 September 2011
Please read the recent judgment of DHC
Kusum Lata Sharma vs State & Anr. of 2 September, 2011 and then if you want to discuss further come on forum again.
Waseem
(Querist) 12 September 2011
Sir, I hv already gone through tht recent judgement dt.02.09.2011, bt if u go through tht judgement carefully Ms.Kusum Lata is the second Respondent and the first respondent is the son of the complainant. So tht is maintainable. I m asking tht whether in the absence of any male respondent will a complaint lie only against the female respondent. Please read proviso 2(q) of DV act which specifically says tht wife or female living in nature of marriage can file complaint against the relative of husband or male partner, which clearly state tht a complaint can also be filed against male relative but tht does not exclude male adult who shall be the main respondent and which is compulsory.
H. S. Thukral
(Expert) 12 September 2011
The judgment refers to SC Judgment in the matter Sou. Sandhya Manoj Wankhade vs. Manoj Bhimrao Wankhade & Ors., 2011 (3) SCC 650 wherein it is held as-
"It is true that the expression "female" has not been used in the proviso to Section 2(q) also, but, on the other hand, if the Legislature intended to exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of it being provided in the proviso that a complaint could also be filed against a relative of the husband or the male partner. 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."
Therefore complaint can also be filed against the relative of husband who might be a female. Mother-in-law complaint against daughter- in-law therefore can be maintained.
since you have raised an important point, I shall further would like to look into whether it is only wife who can file a complaint against female relative of husband or any other woman like mother of the husband in the present case.
prabhakar singh
(Expert) 13 September 2011
I more concentrate on provisions them selves than on citations,and some times feel subdued
because of a binding but irrational ruling.
If we revisit the provision,it s2(q)&its proviso reads as follows:......
(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.
A careful perusal shows that to ascertain as to who can be
1]a Complainant it is clear that,it can be either:
a]wife,orb]female living in a relationship in the nature of a marriage may also file a complaint AND b]part NECESSARILY AND NATURALLY INCLUDE A MOTHER IN LAW TOO.
NOW COMING TO QUESTION THAT WHO CAN BE A RESPONDENT OR CAN ALONE A FEMALE BE A RESPONDENT OR NOT???????
If we carefully read:......................
phrase "against a relative of the husband or......."
So we find that"against a relative of the husband" does means "WIFE OF THE HUSBAND"
Therefore in my opinion answer to your Question should be affirmative.
Hence,yes! a mother in law(husband's mother)
can file complaint AGAINST wife of her son BECAUSE HIS WIFE DOES COME IN RELATION OF HER SON.
UNLESS ONE TAKES IT AS I PROPOSE,THE VERY PURPOSE OF THE ACT WILL STAND FRUSTRATED BECAUSE IT IS A BENEVOLENT SOCIAL LEGISLATION WHICH INTENDS TO CHECK
DOMESTIC VIOLENCE IN SOCIETY,AND IT WOULD NOT BE STRANGE TO THINK THAT A DAUGHTER IN LAW WOULD NOT COMMIT [OR IS OR MAY NOT BE IN POSITION TO COMMIT] DOMESTIC VIOLENCE AGAINST HER MOTHER IN LAW.
