Skip to main content

Domestic Violence Act – Relief now possible against minors, women also and not only against males

Hiral P. Harsora v. KusumNarottamdasHarsora

Now a complaint of domestic violence can be made against any person who is, or has been, in a domestic relationship with the aggrieved person. The SC has struck down the words “adult male” before the word “person” in Section 2(q) of Domestic Violence Act holding that these words discriminate between persons similarly situated, and is contrary to the object sought to be achieved by the Domestic Violence Act. The court also said that the proviso to Section 2(q) of the Act, being rendered otiose, also stands deleted. The court set aside the Bombay High Court which had read down the provisions of Section 2(q) of the DV Act and held that the provisions of “respondent” in section 2(q) of the DV Act is not to be read in isolation but has to be read as a part of the scheme of the DV Act, and particularly along with the definitions of “aggrieved person”, “domestic relationship” and “shared household” in clauses (a), (f) and (s) of section 2 of the DV Act. Holding that the word “adult male” is liable to be struck down, the Bench said that if the “respondent” is to be read as only an adult male person, it is clear that women who evict or exclude the aggrieved person are not within its coverage, and if that is so, the object of the Act can very easily be defeated by an adult male person not standing in the forefront, but putting forward female persons who can, therefore, evict or exclude the aggrieved person from the shared household.

The court further observed: “It is not difficult to conceive of a non-adult 16 or 17-year-old member of a household, who can aid or abet the commission of acts of domestic violence, or who can evict or help in evicting or excluding from a shared household an aggrieved person. Also, a residence order, which may be passed under Section 19(1) (c) can get stultified if a 16 or 17-year-old relative enters the portion of the shared household in which the aggrieved person resides after a restraint order is passed against the respondent and any of his adult relatives.”
Maansarovarlawcentre

Comments

Post a Comment

Popular posts from this blog

Prosper With Best CLAT Coaching In Delhi

CLAT happens to be a non-statutory exam modeled for everyone who has an inclination towards public services. Now public service is in elaborated terms an extensive concept to ponder upon, considering the sufferings of the society and/or the vulnerable section in general. A lawyer is known to be in the best position to support the society and is looked upon whenever there are mishappenings or unethical bias or partiality that hinders a society’s approach to harmonizing. It is with this conjecture a lawyer is recognized to be a blessing at times of hopelessness and despair. Now, comes the primary step to serving the nation through this prestigious and powerful position to be in. There are top-notch Law colleges in India that require a competitive edge in their applicants and a polished knowledge. The CLAT (competitive law aptitude test) is a competitive exam as the name suggests and needs a lot of attention and a special and gleaming understanding which only a state of the art instit...
Post a Comment
Read more

Legal Knowledge with the Best CLAT Coaching in Delhi

Best CLAT Coaching in Delhi CLAT entrance examination is conducted for admission to the most prestigious LAW Schools. Law has always been seen as the most rewarding career option. Many of our world leaders have been eminent lawyers and have used the weapon of legal knowledge as a powerful tool to acquire world peace and eliminate nuisances. Law can be the most powerful tool if one is interested in the trappings of the state and wishes to get closely knitted to the affairs of his/her country for as long as they are associated with the profession and even after that. Law happens to stay glued to the hypothetical illustration of being a difficult profession to get into rather it’s a world of opportunities and through hard work and adept knowledge, anyone can be a successful lawyer. First of all, to become a part of the legal services an applicant needs to crack the prestigious exam called CLAT (Common Law Admission Test). It is conducted by the most eminent law schools to grant ...
14 comments
Read more

Sailing through Success with the Best Coaching for CLAT

CLAT (common law aptitude test) is a non-statutory exam created as per the preference of the students who plan to seek admission in the most prestigious law schools. In recent times, an upsurge in the selection of law as a career has been witnessed and taking that into consideration many institutes have lifted upon their shoulders the responsibility to provide a competitive edge to students who are willingly taking up law as a life-long profession. A student enthusiastically dedicating their life to public service through law should know how to make the correct choice while picking up an institute that help them ace CLAT. Delhi, being the most sought after state when it comes to education has a host of institutes providing the  best coaching for CLAT in Delhi . A coaching centre that promises vigorous training and substantial study material should be chosen to sail through the exam.  For applicants sailing in the boat of hopelessness and aren’t able to find a ...
Post a Comment
Read more