Saturday, 1 February 2014

Bombay HC: Clear stand on Domestic Violence Act

MUMBAI: The Bombay HC on Thursday gave the Centre a last chance to reply to a petition challenging a section of the Protection of Women from Domestic Violence Act. The plea alleged that the said section discriminates between a wife or live-in partner and other women in a domestic relation.

A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha whom the petition came up for hearing pointed out that a year ago it had issued notice to the attorney general because the petition challenged the constitutional validity of section 2 (q) of the Act and yet there was no reply filed. "Adjournments were taken thrice for filing the reply," said Justice Shah in response to Centre's advocate Som Sinha's plea seeking time. Sinha said the ministry of women and child development has forwarded the affidavit for approval of the ministry of law and justice. "No more time will be granted," the judges said.

The petition has been filed by Kusum Harsora (54) and her mother Chandrika (79) stating that their complaint against her brother, his wife and two sisters was rejected by a magistrate in February 2001 on the ground that mother and sister do not fall under the definition of aggrieved persons under the Act. They urged for declaration of section 2 (q) as arbitrary, unconstitutional and in violation of fundamental rights.

Harsora had argued last year that under Section 2 (q) the definition of respondent is limited to adult male persons while domestic violence could as well be perpetrated by an adult males through their female relatives without incurring liability under the Act.

She said a proviso to the section permits a complaint filed by an aggrieved mother against a son but it does not permit the aggrieved mother-in-law to file a complaint against the daughter-in-law although all three are family members living together as a joint family in the shared household. Harsora also said a mother cannot file a complaint against her own daughter . Similarly a woman cannot file a complaint against her sister-in-law or sister although they may have caused domestic violence as defined under the Act.

On Wednesday Harsora urged the court to decide the issue saying that taking advantage of section 2(q) , her brother is enjoying harassing her and her mother and not giving them their share of their house worth Rs 15 crore and assets worth Rs 200 crores.'' The judges have posted the hearing on March 5, 2014.

NEWS Link:- http://timesofindia.indiatimes.com/city/mumbai/Bombay-HC-Clear-stand-on-Domestic-Violence-Act/articleshow/29575098.cms?intenttarget=no#.UuutTIFWQ9I.blogger

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