Case Note & Summary
The case involves a criminal revision application filed by Mr. Johnson Fernandes (petitioner) against an order passed under the Protection of Women from Domestic Violence Act, 2005. The respondents were Mrs. Maria Fernandes (sister) and Mr. Michael Fernandes (brother), who had filed an application under Section 12 of the Act before the trial court. The petitioner was the brother of the applicants. The trial court, by order dated 30-7-2009, issued certain protection orders under Section 18 of the Act, including in favour of the male applicant (Mr. Michael Fernandes). The petitioner challenged this order before the Sessions Court, which dismissed the appeal, holding that although the male applicant might not be entitled to protection, that could not prevent the Magistrate from granting relief to the applicants and passing a prohibitory order in favour of the male applicant. The petitioner then filed the present revision. The High Court examined the provisions of the Act, particularly Section 2(a) which defines 'aggrieved person' as any woman, and Section 12 which allows an application by an aggrieved person or any person on her behalf. The court held that the Act was enacted to protect women only, and a male sibling cannot be an aggrieved person. The application was filed by the male applicant on his own behalf and not on behalf of the female applicant. Therefore, he was not entitled to any relief under the Act. The court set aside the orders of the lower courts insofar as they granted relief to the male applicant, and allowed the revision petition.
Headnote
A) Domestic Violence - Maintainability of Application - Male Applicant - Protection of Women from Domestic Violence Act, 2005, Sections 2(a), 2(f), 12 - The Act is enacted to protect women and not men. A male sibling cannot be an 'aggrieved person' as defined under Section 2(a) which means any woman in a domestic relationship. An application filed by a male on his own behalf is not maintainable, and no relief can be granted to him even if he is assisting the female aggrieved person. The trial court and appellate court erred in granting protection orders in favour of the male applicant. (Paras 5-8) B) Domestic Violence - Relief to Male Applicant - Protection of Women from Domestic Violence Act, 2005, Sections 12, 18 - The Magistrate cannot grant relief under Section 18 to a male applicant who is not an aggrieved person. The fact that the male applicant is assisting the female aggrieved person does not entitle him to any protection under the Act. The order of the trial court granting protection to the male applicant was set aside. (Paras 6-8)
Issue of Consideration
Whether a male sibling can be granted relief under the Protection of Women from Domestic Violence Act, 2005 as an aggrieved person or as a person assisting the female aggrieved person.
Final Decision
The revision application is allowed. The orders of the trial court dated 30-7-2009 and the Sessions Court in Criminal Appeal No.53 of 2009 are set aside insofar as they grant relief to the male applicant (Mr. Michael Fernandes). The application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by the male applicant is dismissed as not maintainable.
Law Points
- Protection of Women from Domestic Violence Act
- 2005 is enacted to protect women only
- male sibling cannot be an aggrieved person
- application by male on his own behalf not maintainable
- relief cannot be granted to male applicant even if he assists female applicant
