Domestic Violence can be filed by any woman on any relative, including women, who subjected her to Domestic Violence

Hiral P Harsora and Ors vs Kusum Narottamdas Harsora and Ors

Supreme Court

06/10/2016

(2016) 10 SCC 165 ; CIVIL APPEAL NO. 10084 of 2016 (ARISING OUT OF SLP (CIVIL) NO. 9132 OF 2015)

About/from the judgment:

Domestic Violence can be filed by any woman on any relative, including women, who subjected her to Domestic Violence!

 

We, therefore, set aside the impugned judgment of the Bombay High Court and declare that the words “adult male” in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 will stand deleted since these words do not square with Article 14 of the Constitution of India. Consequently, the proviso to Section 2(q), being rendered otiose, also stands deleted. We may only add that the impugned judgment has ultimately held, in paragraph 27, that the two complaints of 2010, in which the three female respondents were discharged finally, were purported to be revived, despite there being no prayer in Writ Petition No.300/2013 for the same. When this was pointed out, Ms. Meenakshi Arora very fairly stated that she would not be pursuing those complaints, and would be content to have a declaration from this Court as to the constitutional validity of Section 2(q) of the 2005 Act.

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