In a landmark order, the Bombay High Court has ruled a woman can invoke criminal provisions of the Domestic Violence Act against female relatives of her husband. Hearing a plea filed by Mumbai resident Sachin Patil and his family, challenging the case filed by his estranged wife, especially against his mother and sister, Justice Ravindra Ghuge said the special law to tackle domestic violence can't be restricted only to the husband's male relatives.
"Since the 2005 Act is aimed at protecting women, the submissions of Patil, if accepted, would create an insulation for the female members of the husband's family who may go unpunished for acts amounting to domestic violence," said Justice Ghuge, adding, "When specific allegations are made against the lady members of the husband's family like the mother-in-law, or the sister of the husband etc, the complainant can't be rendered remedy-less by precluding her from arraigning such female members who could be tried for offences of assault or any type of the offence (as per the law)."
The HC also underlined the importance of the provisions of the law for protecting woman from violence that occurs within families and which is not spoken about. "(The law) has been introduced to protect women against domestic violence which is undoubtedly a human rights issue and is a serious deterrence to development. The phenomenon of domestic violence appears to be widely prevalent, but as such remains invisible in the public domain. It can't be ignored that in several cases, women, who have been subjected to cruelty by the husband and/or his relatives, have chosen to digest such acts for the fear of ruining their marriage and suffering exposure to the public," said the judge, while dismissing Patil's petition.
Under the DV Act, a woman can file a complaint against any adult male, who she is in a domestic relationship with. It further says that when the complainant is a wife, then she can file against the relative of the husband or the male partner. Patil's lawyers relied on an HC order which appeared to say only male relatives could be charged. However, in Patil's case, the HC relied on a Supreme Court judgement which said female relatives can also be booked under the law.
Patil's wife Seema had approached the magistrate's court in 2014 under the DV Act against her husband and his relatives, alleging various instances of violence. The magistrate's court initiated proceedings, which was challenged by Patil in the HC.
"Since the 2005 Act is aimed at protecting women, the submissions of Patil, if accepted, would create an insulation for the female members of the husband's family who may go unpunished for acts amounting to domestic violence," said Justice Ghuge, adding, "When specific allegations are made against the lady members of the husband's family like the mother-in-law, or the sister of the husband etc, the complainant can't be rendered remedy-less by precluding her from arraigning such female members who could be tried for offences of assault or any type of the offence (as per the law)."
The HC also underlined the importance of the provisions of the law for protecting woman from violence that occurs within families and which is not spoken about. "(The law) has been introduced to protect women against domestic violence which is undoubtedly a human rights issue and is a serious deterrence to development. The phenomenon of domestic violence appears to be widely prevalent, but as such remains invisible in the public domain. It can't be ignored that in several cases, women, who have been subjected to cruelty by the husband and/or his relatives, have chosen to digest such acts for the fear of ruining their marriage and suffering exposure to the public," said the judge, while dismissing Patil's petition.
Under the DV Act, a woman can file a complaint against any adult male, who she is in a domestic relationship with. It further says that when the complainant is a wife, then she can file against the relative of the husband or the male partner. Patil's lawyers relied on an HC order which appeared to say only male relatives could be charged. However, in Patil's case, the HC relied on a Supreme Court judgement which said female relatives can also be booked under the law.
Patil's wife Seema had approached the magistrate's court in 2014 under the DV Act against her husband and his relatives, alleging various instances of violence. The magistrate's court initiated proceedings, which was challenged by Patil in the HC.
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