Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Women from Domestic Violence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Protection of Women from Domestic Violence Act, 2005 (43 of 2005) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Protection of Women from Domestic Violence Act, 2005, s.2(q) read with proviso thereto - Expression "respondent" in s. 2(q) - Interpretation of - Complaint under the provisions of the Act - Whether female members cannot be made parties in proceedings under the Act, as "females" are not included in the definition of "respondent" in s.2(q) - Held: Although s.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 to s.2(q) widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a female living in a relationship in the nature of a marriage - Though the expression "female" has not been used in the proviso to s.2(q) also, but, if the Legislature intended to exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of it being provided in the proviso that a complaint could also be filed against a relative of the husband or the male partner - No restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the Act, to make it specific to males only - In such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Act. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2011 INSC 83 |
Petitioner | Sou. Sandhya Manoj Wankhade |
Respondent | Manoj Bhimrao Wankhade & Ors. |
SCR | [2011] 2 S.C.R. 261 |
Judgement Date | 2011-01-31 |
Case Number | 271 |
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