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Guest (Guest)     13 February 2011

SC - women can be respondents in Domestic Violence cases

The full text of supreme court judgement holding that women can be arrayed as respondents in domestic violence cases in the attached file.



 23 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     13 February 2011

good one dicision on right time!

1 Like

Ambika (NA)     13 February 2011

Here I agree with you Sarveshji....

1 Like

(Guest)

India should also focus on quality instead of just quantity.

Instead of passing 1000s of judgements each year or modifying the existing laws,it's high time the laws are IMPLEMENTED fully.So that each wronged woman gets speedy justice.

Merely passing or modifying laws is futile,if innocent people cannot take advantage of them.

2 Like

y haraharanathbabu (practing law)     13 February 2011

i am very thankful for giving good decession to me. Thank expert

Chandalika Tandav (Tandav expert )     13 February 2011

I have read arguments on this topic, vehement arguments at that. Thanks for posting. At least for sometime the matter is settled I hope. 

Lest readers think how I am familiar, let me tell I am very familiar with this site. I have been a very very regular visitor. But now want to participate actively, hence enrolled myself as a member. 

Look forward to enriching and abuse free discussions.


(Guest)

I am unable to download the judgement of the Supreme Court.  The letters are too small and so i am not able to make out whether the appeal no. is 271 or 2011 or 371 or 2011. Similarly the date of the judgement is also not legible. If someone can send these details to me to sr_pon1941@yahoo.com, i shall be much obliged. S.Ramakirushnan, Pondicherry

Ambika (NA)     16 February 2011

I have been able to down load te judgement. You can zoom out the contents, or double click on the page which appears with small font and it would take the normal size, just try and see , or else I can send you the judgement in attachment. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 February 2011

First reading the title of the topic, I thought ‘women’ meant the wife under the DV Act as against the general perception that it is a pro-wife Act.

But reading the Judgment I understand that the Learned Justices meant the female relatives of the husband. Actually this is a pro-wife decision only

Ambika (NA)     27 February 2011

Mr. MPS Ramani

the chances are that it is more likely that a wife in a new environs and away from her home, may  be overdominated by her husband and in laws and in laws include female relatives of husband also, who are in domestic relationship with the wife. Cannot be generalised but such likelihood remains  more than the other way around. Hence some safeguards for wives which you call pro wife ...

Arup (UNEMPLOYED)     27 February 2011

MIL CAN SUE DIL.

NOT ONLY WIFE A SISTER OR A DAUGHTER CAN SUE.

1 Like

Ambika (NA)     27 February 2011

Arup ji

Can you give us the supporting judgment please. As far as I think--I may be wrong and am open for correction--MIL and SIL cannot sue a DIL for domestic violence

Arup (UNEMPLOYED)     27 February 2011

" MIL and SIL cannot sue a DIL for domestic violence"

 

 

WITHIN ACT IT IS THERE.

THE WORD USED IN DV ACT IS 'WOMAN' NOT 'WIFE'.

2 Like

What's in a name (Director )     27 February 2011

 

Thank you but Beg to differ

See chapter 3 section 3  , g of DV act and read the following 

"respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;

For your ready reference I enclose the link which would take you to the definition chapter 

https://www.vakilno1.com/bareacts/domestic-violence/s3.htm

Arup (UNEMPLOYED)     27 February 2011

IF WOMAN BE RESPONDET THEN THE DEFINATION OF RESPONDENT CHANGE ACCORDINGLY.


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