Domestic Violence

NO.

Under Section 2q of the DV act, the case can only be filed against the male respondents and not the female respondents.

Moreover, this is the loosely drafted law and so in one of the sections it is described as the case can be filed against the relative of the husband. This means women also. Its upto the judge for the interperation.

 According to Section 2Q of the Domestic Violence Act, respondent is a male member or a relative of husband  - person living in the same house.

General Clauses Act did not say respondent is Masculine or Feminine. 

Judgments given foe and against.. 

Now the question is before bench and yet to be decided

 We need to wait for some more time

Friends,

A woman can be a respondent if the aggrieved person is wife or a live in partner.  If the aggreived person is sister, mother or any other female relative the respondent cannot be a female.  There is a recent decision of the Bombay High Court posted on this web site interpreting s.2.q

Please read this judgement Bombay High Court Judgement dated 25th August 2009 - https://indiankanoon.org/doc/323922. It is reproduced on LCI web site also

Thank you Anil, for the citation of Bombay High Court. What is your opinioion about this DVA?

yes, if complainent is wife,see 2009 A L T(cri)2-204,Afozaeumnissa v/s state of A P(D.B)

Yes female can be a respondent.there is two relationship mention in the said act .one is Domestic & second is Matrimonial. In domestic relationship only male preson can be a respondent For exm. daughter can file complaint aginst father & other male(brother) partner living in domestic relationship but she can't file the same aginst  her mother ,sister,grandmother ect. In matrimonial relationship wife can file the case aginst husband's relatives. Relative means all male, female who are the relative of husband. on this point judg. of Bombay H C & Andra P. H C very useful.

Assumiji,

I have posted an article on this web site under article section, "Administration of domestic violence act - A case study".

no , female relative can be made a respondent under the act

Subhash kumar, adv