vignesh Achar (advocate) 31 October 2009
Is it the case that under The Domestic Violence Act, husbands female relatives cannot be made as the respondents by the aggrieved person (i.e. WIFE) ? I was told thereis a judgement on this point of law... can anybody kindly enlighten me on this aspect/... thanks.
Suchitra. S (Advocate) 31 October 2009
Vignesh, pl go through the link below. I think it may help :
Vignesh
If the wife or live in partner is filing the complaint then female relatives of the husband or the male live in partner can be respondents. This is the correct interpretation. You can get the copy of the judgement in the "File" section of LCI under the heading DV ACT landmark judgement of bombay High C0urt. In fact it is show as top downloads. In the alternative you can visit indiankanoon.org/doc/323922. The judgement is available free for you on the said site.
Sanjeev Kuchhal (Publishers) 31 October 2009
The the judgment of Bombay High Court it is held that "Word "relative" in proviso to section 2(q) includes a female relative."
I am attaching the said judgment.
vignesh Achar (advocate) 01 November 2009
thank u sirs......
sunil pagare (lawyer) 01 November 2009
gurcharn goyal (sirsa) 20 January 2010
Renjith Sadanandan (Advocate) 06 February 2010
There is clear statutory provision. You may go through the statute. A residence order however cannot be made against a female if the prayer is to remove the female from a house she possess or owns absolutely. The relatives include female relatives by blood, marriage and adoption.
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