Women can be named accused: HC
MUMBAI: Women can be named respondents (accused) in complaints filed under provisions of the Protection of Women from Domestic Violence (DV) Act, 2005, the Aurangabad bench of the Bombay high court ruled last week, while reversing the order of a sessions court deleting names of three respondents in a DV case only because they were female members of the complainant’s family.
Justice Abhay Thipsay struck down the order of Nanded additional sessions judge discharging six persons named by a 28-year-old resident of Kamtha in her complaint lodged with a local magistrate court. All the six respondents, including three women, had filed an application before the sessions court seeking deletion of their names, after the magistrate rejected their plea.
After the sessions court accepted their contentions, the complainant approached the Aurangabad bench. The female respondents had contended that the complaint against them was not maintainable as the defini tion of the term “respondents” under the DV Act covered only male members involved in the domestic relationship.
Justice Thipsay said the view of the sessions court that women were not covered within the term “respondents” was “clearly con trary to law”. The HC bench also set aside the order stating there were no sufficient grounds for proceeding against the remaining three male respondents.
“The proceedings under provi sions of the [DV] Act cannot be equated with a criminal trial,” Justice Thipsay said, adding that the proceedings are akin to civil proceedings.