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2019 Supreme(P&H) 2969

FATEH DEEP SINGH
Roop Lal & Others – Appellant
Versus
Manpreet Kaur – Respondent


Advocates Appeared:
Mr. Sandeep Arora, Mr. Kunal Dawar, Mr. Vaibhav Narang, Ms. Rupinder Kaur Thind, Mr. Onkar Rai, Mr. Saurabh Garg, Ms. Kusum Raj, Mr. Sumeet Goel, Mr. Prince P. Rana, Mr. Navjinder S. Sidhu, Mr. Arnav Sood, Mr. Rahul Bhargava, Mr. Mohit Thakur, Advocates for the Appellants; Ms. Narinder Kaur, Mr. J.S. Rattu, Mr. Rahul Rampal, Mr. Ankur Malik, Advocates for the private Respondents; Mr. Pawan Sharda, Sr. Dy. Advocate General, Punjab for the State of Punjab; Mr. Amrik Narwal, Dy. Advocate General, Haryana for the State of Haryana; Mr. Amit K. Goyal, Addl. Public Prosecutor UT Chandigarh for the UT Chandigarh; Mr. Preetinder Singh Ahluwalia, Advocate as Amicus Curiae

JUDGMENT

Fateh Deep Singh, J. - The surmounting rise in the number of petitions under Section 482 Cr.P.C. challenging the processes being initiated by various Courts under the jurisdiction of this High Court for the matters dealing with the Protection of Women from Domestic Violence Act, 2005 (in short, 'the Act') and the subdued clamour that the provisions are discriminatory qua males and lopsided acknowledging of the rights of women vis-a-vis their men folk has led to the amalgamation and clubbing of all these petitions with an effort to clear the air and haze which has engulfed the interpretation of provisions of this Act since its inception and otherwise brings about more uncertainty and confusion.

2. In India though there existed laws to protect women from perpetrators of violence, in fact even the legal experts felt their inadequacy in dealing with the ever bourgeoning problem of domestic violence and which phenomenon was not being adequately dealt with. One cannot look the other way that even with the coming into force of the Act it has failed to cater to the needs of abuse of male child in the house though subsequently with the enlargement of definition of 'Rape' it has been

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