Case Note & Summary
The petitioner, Sau. Kalpana W/o Santosh Jadhav, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against eight persons, including her husband and his relatives (respondent nos. 1 to 6). The respondents nos. 1 to 6 sought deletion of their names from the array of respondents before the Magistrate, which was rejected by the Magistrate on 06.06.2012. The respondents then filed a revision before the Sessions Court, which allowed the revision and directed deletion of their names. Aggrieved, the petitioner approached the Bombay High Court. The High Court examined the definition of 'respondent' under Section 2(q) of the Act, which defines 'respondent' as any adult male person who is or has been in a domestic relationship with the aggrieved person. The Court held that only the husband or male partner can be a respondent under the Act, and relatives, including female relatives, cannot be impleaded unless they are adult male persons in a domestic relationship. The Court dismissed the writ petition, upholding the Sessions Court's order.
Headnote
A) Domestic Violence - Respondent - Definition - Section 2(q) of Protection of Women from Domestic Violence Act, 2005 - The term 'respondent' under Section 2(q) means an adult male person who is or has been in a domestic relationship with the aggrieved person - Relatives of the husband, including female relatives, cannot be impleaded as respondents unless they are adult male persons in a domestic relationship with the aggrieved woman - Held that the Sessions Court correctly allowed deletion of names of relatives who are not adult male persons in domestic relationship (Paras 2-5)
Issue of Consideration
Whether relatives of the husband can be arrayed as respondents in proceedings under the Protection of Women from Domestic Violence Act, 2005
Final Decision
The High Court dismissed the writ petition, upholding the Sessions Court's order directing deletion of names of respondent nos. 1 to 6 from the proceedings under the Protection of Women from Domestic Violence Act, 2005.
Law Points
- Domestic Violence Act
- 2005
- Section 2(q) defines 'respondent' as adult male person who is or has been in domestic relationship with the aggrieved person
- Section 12 application can only be filed against husband or male partner
- relatives cannot be impleaded as respondents unless they are adult male persons in domestic relationship
Case Details
2013 LawText (BOM) (09) 34
Criminal Writ Petition No. 63 of 2013
Mr. Gaikwad Anil M. for Petitioner, Mr. S.C. Bhosale for Respondent Nos. 1 to 6, Mr. P.N. Muley APP for Respondent No. 7
Sau. Kalpana W/o Santosh Jadhav
Hanma @ Seema W/o Govindrao Jadhav, Govindrao S/o Shankarrao Jadhav, Shobha W/o Chandrakant Dakhore, Chandrakant S/o Madhavrao Dakhore, Radha @ Anuradha W/o Dayanand Suryawanshi, Dayanand S/o Sagar Suryawanshi, The State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging Sessions Court order allowing deletion of names of relatives from proceedings under Protection of Women from Domestic Violence Act, 2005
Remedy Sought
Petitioner sought to set aside Sessions Court order and restore Magistrate's order rejecting deletion of names
Filing Reason
Petitioner aggrieved by Sessions Court order directing deletion of names of respondent nos. 1 to 6 from array of respondents in her application under Section 12 of Domestic Violence Act
Previous Decisions
Magistrate rejected application for deletion on 06.06.2012; Sessions Court allowed revision and directed deletion
Issues
Whether relatives of the husband can be arrayed as respondents in proceedings under the Protection of Women from Domestic Violence Act, 2005
Submissions/Arguments
Petitioner argued that relatives should remain as respondents
Respondents contended that only husband or male partner can be respondent under Section 2(q)
Ratio Decidendi
Under Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, 'respondent' means any adult male person who is or has been in a domestic relationship with the aggrieved person. Relatives of the husband, including female relatives, cannot be impleaded as respondents unless they are adult male persons in a domestic relationship with the aggrieved woman.
Judgment Excerpts
The term 'respondent' is defined in Section 2(q) of the Domestic Violence Act, 2005. It means any adult male person who is or has been in a domestic relationship with the aggrieved person.
The learned Sessions Judge was right in allowing the revision application and directing the names of the said respondents to be deleted.
Procedural History
Petitioner filed application under Section 12 of Domestic Violence Act against eight persons. Respondent nos. 1 to 6 applied for deletion of their names. Magistrate rejected application on 06.06.2012. Respondents filed revision before Sessions Court. Sessions Court allowed revision and directed deletion. Petitioner filed criminal writ petition before High Court.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 2(q), 12
