Thursday, 3 March 2011

HC: ''Respondent'' includes female relatives of husband

''Respondent'' includes female relatives of husband: HC

Thu, Feb 18 12:31 AM

Chennai, Feb 17 (PTI): The Madras High Court today clarified that the word ''respondent'' as defined under the ''Protection of Women from Domestic Violence Act'' includes female relatives of the husband or male partner. 

A division bench comprising Justices C Nagappan and P R Sivakumar held in their order on a petition filed by one R Nivendran and five others that the statement of objects and reasons of the Act referred to any relative of the husband or the male partner and the provision to sub-section (1) of section 19 of the Act made it clear that the word mentioned in provision 2 (q) was not restricted to a male relative only and would include the female relatives also.

The petitioners sought to quash proceedings pending before the Judicial Magistrate Court at Chengalpattu. The Bench said the petition may be listed before the court concerned for disposal.

The petitioner contended that in the proceedings before the Magistrate, three among those sought to be prosecuted were women. The Act requires that the respondents be only adult males and not women, the petition claimed.

The wife of Nivendran had filed a petition before the Magistrate under the Act against her husband and her in-laws, including three women.

Courtesy_

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Disclaimer

This Blog Spot is meant for publishing reports about the usage of Domestic Violence Act (The Protection of Women from Domestic Violence Act, 2005) so as to create an awareness to the general public and also to keep it as a ready reckoner by them. So the readers may extend their gratitude towards the Author as we quoted at the bottom of each Post under the title "Courtesy".