Who can file a case under DV Act?
A complaint, under the Protection of Women from Domestic Violence Act 2005 (DV Act), can be filed by an aggrieved woman who has been in domestic relationship, as per Section 2 (a) of the DV Act.
An aggrieved person, under Section 2(a) of the DV Act means “any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent”.
A domestic relationship, under Section 2(f) of the DV Act means “a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family”.
The term respondent in D V Act means
The Section 2(q) of the DV Act, when it was originally enacted, states that a respondent under it means “any adult male person who is or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act:
provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against a relative of the husband or the male partner”.
SC deletes the words adult male from the definition
The Supreme Court, in Hiral P. Harsora and others v Kusum Narottamdas Harsora and others [(2016) 10 SCC 165], declared that the words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution of India.
Consequently, the proviso to Section 2(q), being rendered otiose, also stands deleted.
Definition of respondent after reading down by SC
Therefore, the definition of “respondent” under Section 2(q) after reading it down by the SC means “any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:
Provided 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.
In short
That means, a case under DV Act can be filed by an aggrieved woman against a female member of the family with whom she has a domestic relationship.
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