domestic violence act
ravi goyal
(Querist) 19 May 2010
This query is : Resolved
dear all
i am confused by the conflicting views of the different high courts & the SC on this issue whether the female members of the family can be made an accused in the cases of domestic violence or not ?
Arvind Singh Chauhan
(Expert) 19 May 2010
According to me latest judgment of Bombay HC is complete on this point, in which only case in SC, of DV Act of SUNIL BATRA has also been discussed.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.590 OF 2008
Archana Hemant Naik ...Applicant
vs.
Urmilaben I. Naik and Anr. ...Respondents
DATE OF PRONOUNCEMENT OF THE JUDGMENT: AUGUST 25,2009
PALNITKAR V.V.
(Expert) 20 May 2010
If there is SC judgment, where is the question of confusion. It binds all HCs also. That becomes law of the land.
Guest
(Expert) 20 May 2010
There is no Supreme Court Judgment on this point. But most of the High Courts held that respondent can be a female. Bombay High Court analysed the cases of other high courts, where contrary view was taken and even then came to the above said conclusion.
