Home domestic violence domestic violence latest judgements of supreme court/high courts Women can also be made respondents in cases of Domestic Violence

Women can also be made respondents in cases of Domestic Violence

816
5
SHARE

NATIONAL LEGAL RESEARCH DESK

Recently, the Hon’ble Apex Court in Sandhya Manoj Wankhade Vs. Manoj Bhimrao Wankhade And Others, reported in (2011) 3 SCC 650, considered the definition of “Respondent” defined under Section 2(q) of the Act of 2005, and held that “although section 2(q) defines a respondent to mean any adult male person, who is or has been in a domestic relationship with the aggrieved person, the proviso widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint. Hon’ble Apex Court further held that legislature never intended to exclude female relatives of the husband or male partner from the ambit of complaint that can be made under the provisions of 2005 Act. It is true that expression “female” has not been used in the proviso to Section 2(q) also, but, no restrictive meaning can be given to expression “relative” nor has said {6} expression been defined to make it specific to males only.

Kaniz v State of Rajasthan

5 COMMENTS

  1. The main provision says only a male adult person can be a respondent…and the proviso does not mention about the gender of the relative of the husband or male partner. No person of the highest reason can say that the term relative is inclusive of females. The Proviso shall be read with the main section wherein the respondent is exclusively adul male.

  2. The law is made by fools who doe’s not no the fundamental wright of an individual as per the constitution of India, Is it only Men is committing domestic Violence, What about Women (wife). are they not committing domestic Violence, Where is the protection for those Men, All educated women misusing the act , why ?????????????????? no punishment for them . This is a gender biased law , who ever drafted the law is idiots does’t know the wrights of an individual as per the law.
    Women’s misuse the laws also should be given capital punishment, The law to be amended accordingly

  3. nobody is raising the issues of wife harassing husbands.arenot we the humanbeings or have the right to live a decent and peaceful married life.this is ridiculous and nobody at highest level understand the agony and pain a husband undergoes by their wives because the NETAS will always be supported by media and police .All these laws are just to ruin middle class men only. Look at how supportive is the media in bringing the cases of harassment by wives .why would they do it?its an old saying “those who wears knows where the shoes pinches”an appeal to all such husbands who are ready to raise the issue of mens harassment should form a community to take this matter to parliament and get necessary protection from wives also.

LEAVE A REPLY