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Saturday, May 28, 2011

Women to face heat of Domestic Violence Act

A long pending controversy in the area of interpretation of Domestic Violence Act has been settled by the Supreme Court recently. Proceedings under Protection of Women from Domestic Violence Act can be initiated against women, ruled the Apex court.

Ever since the act came into force, a controversy was lingering whether female relatives of the male partner of the aggrieved women can be arrayed as respondents in a petition under the Act. Definition of 'Respondent' was couched in such a language that it had given room for debate in the legal circle.

Considering the definition of the word 'respondent' in Sec.2(q) of the Act, the court noted that the legislator never intended to exclude women as respondents from the ambit of the act. Though definition include only male partner as the respondent, proviso to the definition widens the scope and brings into its sweep women also as respondents, noted the court.

Reported by : Lahari Communique, legal magazine

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