Any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act could invoke the provisions under the Act.
Mohammed Zakir vs Smt. Shabana
Criminal Petition No. 2351 of 2017
About/from the judgment:
Apex Court in the case of Hiral P. Harsora vs Kusum Narottamdas Harsora, (2016)10 SCC 165, the Supreme Court has struck down a portion of Section 2(a) on the ground that it is violative of Article 14 of the Constitution of India and the phrase "adult male" as appearing in Section 2(q) stood deleted. If the said sub-secton is read after deleting the expression 'adult male', it would appear that any person, whether male or female, aggrieved and alleging violation of the provisions of the Act could invoke the provisions under the Act. In that view of the matter, the petitioner's complaint could not have been trashed on the ground that the Act does not contemplate provision for men and it could only be in respect of women.
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