Says Act should be interpreted to enhance justice, not frustrate it.
The Bombay high court, while dismissing an appeal, emphasised that a woman can press harassment charges against female members of a family under the Domestic Violence Act.
Justice Roshan Dalvi was hearing an appeal filed by a man, challenging a lower court order which allowed the cruelty complaint filed by his wife against him and his family members.
Dismissing his appeal, Justice Dalvi said, “The Domestic Violence Act is required to be interpreted to enhance justice to women and not to frustrate it.”
He added, “The provision does not specify a male relative. Hence, female relatives cannot be exempted from it.”
The wife had approached the judicial magistrate in Kalyan, seeking relief under sections of the Protection of Women from Domestic Violence Act, 2005, against her husband and his family. The magistrate had issued process against the husband and his family members on October 21, 2010. The same was upheld by the sessions court in Kalyan on August 8, 2011.
The husband had then challenged this order in the HC, saying that the Domestic Violence Act cannot be used against female relatives. The husband further claimed that his wife had not filed the complaint in a prescribed form, which was mandatory under section 12 as well as under section 23 of the Act.
To this, Justice Dalvi said that there is no need for a woman to submit her complaint in a prescribed form. He said that the act “is meant for protection of violated women. It is upon the acceptance that such women may not have the necessary legal advice.”
The judge further noted in her order that if the application is not in the prescribed form and the required details are not furnished then it should “not deter” any Magistrate or Court from granting any relief.
Scope of the act
Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women in a household such as sisters or mothers.
Domestic violence includes actual abuse or the threat of abuse — physical, sexual, verbal, emotional or economic.Harassment by way of unlawful dowry demands are also covered.
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