law against women : domestic violence act

HON’BLE MR. JUSTICE ARJUN SIKRI AND MR. JUSTICE AJIT BHARIHOKE OF DELHI HIGH COURT ISSUED NOTICE TODAY TO UNION OF INDIA AND STATE GOVT AND DIRECTED TO FILE COUNTER AFFIDAVIT WITHIN TWO WEEKS ON A WRIT PETITION NO 638 0F 2010 FILED BY VARSHA KAPOOR THROUGH ARVIND JAIN & K.C.MITTAL ADVOCATES.

WRIT PETITION HAS BEEN FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE  WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR OF  ANY OTHER APPROPRIATE NATURE WHEREBY ISSUING DIRECTIONS TO THE RESPONDENTS NOT TO ENFORCE  PROVISIO OF SECTION 2(q) AND SECTION 28(2) OF PROTECTION OF WOMEN FROM DOMESTIC VOILANCE ACT, 2005 AS THE SAME ARE UNCONSTITUTIONAL, ULTRA VIRES AND VIOLATIVE OF FUNDAMENTAL RIGHTS OF THE PETITIONER AND AS ENSHRINED UNDER ARTICLE 14, 15, 19 AND 21 OF THE CONSTITUTION OF INDIA.

THE WORD RELATIVE IN THE PROVISIO OF SECTION 2(q) HAS BEEN INTERPRETED BY SOME HIGH COURTS TO INCLUDE FEMALE RELATIVES ALSO WHERE AS SOME HIGH COURTS HAVE SAID THAT WOMEN CANNOT BE PROSECUTED UNDER D.V.ACT. NOW THE MATTER IS FIXED FOR 18TH MAY 2010.