Case Note & Summary
The case involves a writ petition under Article 227 of the Constitution of India challenging the orders of the Judicial Magistrate First Class, Pune and the appellate court which held that an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) filed by the minor daughter of the deceased Suchita through her grandmother was not maintainable. The petitioners are the minor daughter (petitioner no.1) and the mother of the deceased (petitioner no.2). The respondents are the husband, grandfather, and grandmother of the minor. The deceased Suchita married respondent no.1 on 24 November 2009 and gave birth to petitioner no.1 on 7 October 2012. She was allegedly subjected to physical, verbal, and economic abuse by the respondents, leading to her hospitalization in April 2013 and death on 27 October 2013. The petitioners filed an application under Section 12 of the DV Act seeking reliefs, which was rejected by the Magistrate on the ground of maintainability. The appeal against that order was also dismissed. The High Court examined the definition of 'aggrieved person' under Section 2(a) of the DV Act, which includes any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence. The court held that the minor daughter is clearly an 'aggrieved person' as she was in a domestic relationship with the respondents and alleged domestic violence against her mother. The court further held that the application filed through her grandmother was maintainable. The court set aside the orders of the courts below and remanded the matter to the Magistrate for fresh consideration on merits. The court directed the Magistrate to decide the application expeditiously, preferably within three months from the date of receipt of the order.
Headnote
A) Domestic Violence - Maintainability of Application - Section 12 read with Section 2(a) of Protection of Women from Domestic Violence Act, 2005 - Minor daughter is an 'aggrieved person' under Section 2(a) of the DV Act, 2005 - The court held that the definition of 'aggrieved person' includes any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence, and a minor daughter falls within this definition - The application filed by the minor through her grandmother was maintainable and the courts below erred in rejecting it (Paras 2-9).
Issue of Consideration
Whether an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by a minor daughter through her grandmother is maintainable?
Final Decision
The High Court allowed the writ petition, set aside the orders of the Judicial Magistrate First Class, Pune and the appellate court, and remanded the matter to the Magistrate for fresh consideration on merits. The Magistrate was directed to decide the application expeditiously, preferably within three months from the date of receipt of the order.
Law Points
- Maintainability of application under Section 12 of DV Act
- 2005 by minor daughter through grandmother
- Definition of 'aggrieved person' under Section 2(a) of DV Act
- 2005
- Right of minor to seek relief under DV Act
Case Details
2022 LawText (BOM) (01) 32
WRIT PETITION NO. 2790 OF 2021
Mr. Abhijeet Sarwate for the petitioner, Mr. Tapan Thatte a/w. Mr. Amar Patil i/by. Mr. Shantanu Adkar for respondents no.1 to 3, Mr. A.R. Patil, APP for State
Ms. Kanaka Kedar Sapre (Through Grandmother) and Mrs. Sudha Mukund Shukla
Mr. Kedar Narhar Sapre, Mr. Narhar Govind Sapre, Mrs. Sushma Narhar Sapre, and State of Maharashtra
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging the orders of the Judicial Magistrate First Class, Pune and the appellate court rejecting the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 as not maintainable.
Remedy Sought
The petitioners sought to set aside the orders of the courts below and to have the application under Section 12 of the DV Act heard on merits.
Filing Reason
The application under Section 12 of the DV Act filed by the minor daughter through her grandmother was rejected by the Magistrate as not maintainable, and the appeal was dismissed.
Previous Decisions
The Judicial Magistrate First Class, Pune held the application under Section 12 of the DV Act not maintainable and rejected it. The appellate court confirmed the rejection.
Issues
Whether an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by a minor daughter through her grandmother is maintainable?
Submissions/Arguments
The petitioners argued that the minor daughter is an 'aggrieved person' under Section 2(a) of the DV Act and the application was maintainable.
The respondents argued that the application was not maintainable.
Ratio Decidendi
The definition of 'aggrieved person' under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005 includes any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence. A minor daughter is a woman and can be an 'aggrieved person' if she alleges domestic violence. Therefore, an application under Section 12 of the DV Act filed by a minor through her grandmother is maintainable.
Judgment Excerpts
Petitioner’s application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“D.V. Act” for short), was held not maintainable by the learned Judicial Magistrate First Class, Pune.
The definition of 'aggrieved person' under Section 2(a) of the DV Act includes any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence.
The minor daughter is clearly an 'aggrieved person' as she was in a domestic relationship with the respondents and alleged domestic violence against her mother.
Procedural History
The petitioners filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate First Class, Pune. The Magistrate held the application not maintainable and rejected it. The petitioners appealed, and the appellate court confirmed the rejection. The petitioners then filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: Section 12, Section 2(a)
- Constitution of India: Article 227
