Supreme Court of India
Sou. Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
The Appeal, therefore, succeeds. The judgments and orders, both of the learned Sessions Judge, Amravati, dated 15th July, 2009 and the Nagpur Bench of the Bombay High Court dated 5th March, 2010, in Crl. Writ Petition No.588 of 2009 are set aside. Consequently, the trial Court shall also proceed against the said Respondent Nos.2 and 3 on the complaint filed by the Appellant. The appeal is allowed accordingly.
Judgment, Paras 16-17
From the headnote
Protection of Women from Domestic Violence Act, 2005 - s.2(q) read with proviso thereto - Expression "respondent" in s. 2(q) - Interpretation of - Complaint under the provisions of the Act - Whether female members cannot be made parties in proceedings under the Act, as "females" are not included in the definition of "respondent" in s.2(q) - Held: Although s.2(q) defines a respondent to mean any adult male person, who is or has been in a domestic relationship with the aggrieved person, the proviso to s.2(q) widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a female living in a relationship in the nature of a marriage.
Where later benches applied it
Of those, 1 mentioned
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