Wednesday, August 4, 2010

Domestic Violence Act: Women can be charged

TNN, Apr 12, 2010, 02.04am IST

NEW DELHI: In the wake of the raging debate on whether the Domestic Violence Act, enacted for the welfare of women, can be used against them or not, with different high courts expressing "conflicting views", a trial court has set the record straight by holding that female members of a family can be charged under the Domestic Violence Act in case of harassment of a woman.

While giving an interpretation of the provisions for protection of women in the Domestic Violence Act, 2005, the court has said that the law provided a wife can file complaint against her husband and his relatives (both males and females).

"Section 2 Clause (q) of the Act which provides that ‘an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner’. The provision includes both male and females," additional sessions judge Kamini Lau said.

The court passed these observations while rejecting a revision petition of certain women members of a family who challenged an order of a metropolitan magistrate dismissing the plea to remove their names from a complaint filed under the Domestic Violence Act.

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