Putting to rest a long-standing dispute over whether section 2(q) of DVA applies only to men, the Delhi high court said on Friday though the provision used the term “male”, which wasn’t “satisfactorily worded”, it included female members, too.
Women relatives living in a joint family can face criminal action under the domestic violence Act (DVA) if a member’s wife lodges a plaint.
Putting to rest a long-standing dispute over whether section 2(q) of DVA applies only to men, the Delhi high court said on Friday though the provision used the term “male”, which wasn’t “satisfactorily worded”, it included female members, too.
Thus, a petition under DVA is “maintainable even against a woman”.
If a restricted interpretation is given, the very purpose for which this Act was enacted would be defeated, justices AK Sikri and Ajit Bharihoke said, rejecting a plea by Varsha Kapoor challenging the constitutionality of DVA and seeking quashing of the criminal proceedings initiated against her on her daughter-in-law’s complaint.
Dismissing her contention that DVA provided for action against males alone, the judges said it would be easy for a husband or other male members of a family to frustrate remedy by ensuring only female members perpetrated violence against a woman in that case.
It’s a fact that violence exists in matrimonial homes and the legislature enacted law making dowry-related violence a criminal offence by introducing sections 498A and 304 of IPC.
The judges said except for residence under section 19(1)(b) of DVA, a magistrate was competent to pass orders against relatives of a husband, including females.
It can restrain the respondent or his kin from entering any portion of a shared house in which the aggrieved person resides.
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