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2013 Supreme(Ker) 434

V.K.MOHANAN
Bismi Sainudheen, Thiruvananthapuram – Appellant
Versus
P. K. Nabeesa Beevi, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:K. Abdul Jawad, Advocate.
For the Respondents:R1, Sreedevi Kylasanath, Achuth Kylas, P. Vishnu Sankar, R. Sarathkrishnan, R2, S. Mohammed Al Rafi, Advocates. R3, Rajesh Vijayan, Public Prosecutor.

Judgement Key Points

Key Points: - The court discusses whether "wife" or "daughter in law" falls within the definition of "respondent" in Section 2(q) of the Act. (!) (!) (!) - It analyzes the proviso to Section 2(q) extending the scope to a relative of the husband or male partner and argues for a broad interpretation to protect all women in a domestic relationship. (!) (!) (!) - It emphasizes that the object of the Act is to protect women from domestic violence broadly, not limited to wives/daughter-in-law, supporting a purposive/beneficial interpretation. (!) (!) (!) - It notes that the definition of "aggrieved person" in Section 2(a) is not confined to wife/daughter-in-law and can include any woman in a domestic relationship who has suffered violence. (!) (!) - It cites that restrictive interpretations against including women like wife/daughter-in-law would undermine the Act’s objectives and constitutional mandate. (!) (!) - The decision ultimately upholds a view that a wife or daughter-in-law can be a "respondent" under Section 2(q). (!) - It records corrections to the final order in the judgment. (!) (!)

How to interpret the definition of "respondent" under Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 to include wife or daughter-in-law?

What is the scope of protection under the Act for "aggrieved persons" beyond the wife/daughter-in-law, particularly regarding female relatives of the husband?

What are the constitutional implications of restricting or expanding the class of persons who can file complaints under the Act in relation to Articles 14 and 15?


JUDGMENT

V.K. Mohanan, J.

1. A very crucial question that arose for consideration in the above M.C. is, whether the “wife” or “daughter in law” would come within the definition of “Respondent” contained in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to for short as “the Act” only). In order to answer the above question, brief facts which led to the filing of the above M.C. are inevitable, which follows as:

2. The challenge in this M.C. is against an order dated 15.12.2012 in C.M.P.No.4687/10 in M.C.No.76/09 on the file of the court of Additional Chief Judicial Magistrate-Thiruvananthapuram, filed by the mother-in-law of the present petitioner, by which the learned Magistrate allowed the petition, impleading the petitioner, who is the wife of the 2nd respondent in the above M.C. and the daughter in law of the petitioner therein. The petitioner herein, for convenience hereinafter referred to as, the wife/daughter in law and the 1st respondent as, the aggrieved person, and her son, who is the husband of the petitioner, as the 2nd respondent.

3. According to the petitioner herein, the aggrieved person approached the court below by filin





















































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