Domestic Violence Query: Urgent Please
PALNITKAR V.V.
(Querist) 29 March 2009
This query is : Resolved
Whether an application can be filed u/s 12 for protection against a women or female member residing with the husband in view of Sec. 2(q) of the protection of Women From Domestic Violence Act, 2005 or only male members are liable? Urgent please
Adv.Shine Thomas
(Expert) 30 March 2009
Dear Palnitkarji,
Please refer the judgement in Ajay Kant & others vs Smt.Alka Sharma.MadhyaPradesh HC held that complaint for this offence can only be filed against adult male person.Appln.u/s 12 of the DV Act can't be filed against ladies.
PALNITKAR V.V.
(Querist) 30 March 2009
So nice of You Shine. please find out if there is any contrary view. I learnt that Rajasthan HC has taken a different view but I could not get citation. Thanks for your prompt responce.
sanjeev murthy desai
(Expert) 30 March 2009
Dear Palnitakar sir,
Section 2 (q) held that an agrived wife or female living relationship with in the nature of marriage may also file a complaint against RELATIVE OF the husband or the male partner. And section 12(2) also cleary held that the any any suit for compensation or damages caused by the acts of DV committed by the respondent.
iN MY VIEW WE CAN FILE A APPLICATION UNDER SECTION 12 AGAINST RELATIVE OF HUSBAND AND THIS SAID SECTIONS ALSO NOT CLEARD ABOUT RELATIVE OF HUSBAND IS MALE OR FEMALE.
IAM STILL RESEARCHING IN THIS CONTRARY IF I FOUND I WILL SHARE WITH YOU
sanjeev desai
PALNITKAR V.V.
(Querist) 30 March 2009
I want to know contrary rulings.
adv. rajeev ( rajoo )
(Expert) 30 March 2009
In my opinion under DV act complainant will be filed against the husband and his male relatives. I think I am right.
PALNITKAR V.V.
(Querist) 30 March 2009
In fact I want to write an article on this issue. Hence, I am requesting the Experts to find out rulings on this subject that will help me.
Ravi Arora
(Expert) 30 March 2009
Act it self say "respondent means any adult male person who is or has been in a dommestic relationship with the aggrieved person"
Ravi Arora
(Expert) 30 March 2009
shine is right plz see 2008 cr.l.j at page 264
Ravi Arora
(Expert) 30 March 2009
palnitkar ji you can also see AAR 2007 SC at page 265 it may be helpful for you because you are writting article all d best
PALNITKAR V.V.
(Querist) 30 March 2009
Dear Ravi can you give names of the parties because I do not have AAR or CrLJ.
Adv.Shine Thomas
(Expert) 31 March 2009
The term 'relative of the husband'has not been defined in the DV Act.Hence the ordinary meaning of the term will include female members.A woman can file a complaint against any adult male perpetrator of an act of violence.In case of a married woman or lives in a relationship that is in the nature of marriage,she can also file a complaint against the male or female relatives of the husband or male partner who have perpetrator the violence.u/s 498A of the IPC,it is possible to prosecute the relatives of the husband for cruelty,whether male or female.
SANJAY DIXIT
(Expert) 31 March 2009
Who can a woman complain against:--
A woman can file a complaint against any adult male perpetrator [Section 2(q)] of an act of violence. In cases where the woman is married, or lives in a
relationship that is in the nature of marriage, she can also file a complaint against the male or female relatives of the husband/ male partner who have
perpetrated the violence.
The proviso to Section 2 (q) was included in the PWDVA as, under Section 498A of the IPC, it is possible to prosecute the relatives of the husband for cruelty, whether male or female, example, mother-in-law, father-in-law, sister-in-law, etc.
Who fall within the definition of 'relatives' under section 2 (q):--
The word 'relative' has not been defined in the PWDVA. Hence the ordinary meaning will have to be assigned. Therefore, examples of relatives would be
the father, mother, sister, uncle; brother of the respondent who may be included in the word 'relative' in Section 2(q). Section 498A also uses the term 'relative' which is not defined. Hence the ordinary meaning of the word 'relative' will
include female relatives.
Can a complaint be filed by a wife against the husband's female relatives, for example, mother-in-law, sister-in-law:--
Yes, orders can be passed against the female relatives of the husband. However, relief of dispossession against a female relative cannot be granted according to the proviso to Section 19(1) which states that no order under Section 19(1) (b)
directing the respondent to remove himself from the shared household can be passed against any person who is a woman.
The aggrieved woman may obtain a protection order against the female relatives of the husband or the male partners. Maintenance (under orders for monetary
reliefs) can only be obtained by those persons falling within the ambit of Section 125 CrPC.
the husband witness the violence, it is unlikely that any relative of the husband will support the woman. The woman, therefore, will be the primary witness in cases under the PWDVA.
When no direct eye witness evidence is available, and there is only the statement of the statement of the woman, circumstantial evidence is considered to arrive at a conclusion on the facts of he case. It is therefore important, that the context in which the verbal or emotional abuse takes place be mentioned (Explanation II Section 3). Care should be taken to record the history and circumstances of the case, the impact of the violence on the woman and her
children must be mentioned. Verbal and emotional violence often has health consequences for the women. Children also may suffer adverse consequences
in their performance at school or in their interactions with others. All this must be pointed out as evidence of violence to the court.
Manish Singh
(Expert) 02 April 2009
Dear Sir,
Please go through these judgments. the first judgment syas that female can be made respondents since sec 12 has that provision. I am providing the other judgment for your perusal and reference to your reseacrh.i couldnt find any SC verdict on the issue and i think we dont need it since the section is quite clear about it.
1. Smt. Menakuru Renuka And Others. vs Smt. Menakuru Mona Reddy. on 22 October, 2008 by Andhra HC
2. Uma Narayanan vs Mrs. Priya Krishna Prasad on 1 August, 2008 by Madras HC
RAKHI BUDHIRAJA ADVOCATE
(Expert) 10 April 2009
