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.

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

Karnataka HC

18/04/2017

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.

Read the Judgment

Download

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use