dear, woman cannot try another woman under the provisions of Protection of Women From Domestic Violence Act, 2005 as per the Karnataka High Court.
Clearing this confusion, the division Bench comprising Justice K L Manjunath and Justice B S Patil said a complaint under this act against her mother-in-law or sister-in-law or women relatives can be registered, but the police can initiate action against them (respondents) only under Section 498A of the IPC or any other suitable enactments of law.
The Bench gave this clarification while dealing with the petition filed by one Leelavati.
In respect of residential rights, custody rights or protection, women can file complaints against only male members under the Domestic Violence Act but not against female members like mother-in-law or sisters-in-law or any others, the division Bench clarified with regard to ambiguity of the meaning of the word relative, in the provision in section 2(q) of the Act.
Leelavati, a resident of Okalipuram, had filed complaints against her husband Bhaskar, father-in-law Murugeshan, mother-in-law Nalini and sister-in-law Kavitha under this Act, before the magistrate court. This was challenged by her husband and others. The fast track court had ordered that except Bhaskar’s, other names should be dropped from the complaint.
Leelavati challenged this decision before the high court. The single bench, while concurring with the fast track court, referred this matter to the division bench for clarification.
Further, DV case cannot be filed after 1 year of separation. it would be barred by limitation . it ought to have been filed within one year of the incident
In view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
Regards
Isha Bhardwaj
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