LR’s Cannot Seek Monetary Relief On Behalf Of Deceased Woman Under DV Act: Bombay HC

• The Bombay HC, in a recent judgement titled Kanaka Kedar Sapre and anr vs. Kedar Narhar Sapre has observed that an aggrieved person, as defined in section 2(a) of the Protection of Women from Domestic Violence Act must be alive at the time of filing the petition and a legal representative cannot file an application for monetary relief under the Act after her demise.
• In the instant case, Suchitra and Kedar got married in 2009 and were blessed with a daughter in 2021. Suchutra passed away after a prolonged illness in October, 2013. Her minor daughter, through her grandparents, filed an application in the court of Judicial Magistrate, Pune alleging that her mother was subject to immense physical and emotional abuse at the hands of the respondent. It was also alleged that it was due to this abuse that Suchita was admitted to the hospital in 2013, where she consequently passed away.
• It was also alleged that Kedar and his family never took care of Suchita even during her illness and that Suchita’s mother spent Rs.60 lakhs on her treatment. She had also gifted her gold ornaments at her wedding which were in her mother-in-law’s custody.
• This application was rejected, both by the lower Court as well the court of ADJ. Aggrieved, the daughter approached the HC.
• Rejecting the application, the Hon’ble HC observed that the right to claim monetary reliefs , compensation and protection orders under the DV Act are the exclusive and inalienable rights of the aggrieved person. It is for this reason that the rights are not enforceable by the legal representatives of the aggrieved person.
• Referring to the Statement of Object and Reasons, the Court was also of the view that the term aggrieved person has to be understood in the light of the objectives of the Act. Giving a very wide interpretation to the same would defeat the intent of the legislature.
• The Court also observed that while they allow applications to be filed by any other person on behalf of the aggrieved person, the same cannot be maintained independently of the aggrieved person. Section 12 of the Act merely enables the aggrieved person to present an application through any other person. The scheme of the Act clearly denotes that the aggrieved person must be alive at the time of presenting the application under DV Act.

And now, a question for our aspirants:
State the judgement of the Hon’ble SC in which the term ‘adult male’ was struck down from section 2(q) [respondent] of the DV Act?