AIR 2011 (NOC) 78 (KAR.) ::2010 (4) AIR Kar R 542

Karnataka High Court

Hon'ble Judge(s): K. L. Manjunath, B. S. Patil , JJ

(A) Protection of Women from Domestic Violence Act, 2005 S. 2 (q), Proviso — Term respondent— — Does not include female relatives of husband or male partner — Reference made to filing of complaint against relative of husband, in proviso — Cannot be construed to mean that aggrieved wife or female is clothed with right to seek relief under various provisions of Act against female relative of husband Interpretation of Statutes — Construction of proviso appended to section 2010 Ind Law Mad, 1264, AIR 2009 (NOC) 2840 (AP), 2010 Ind Law Del 1526, ILR 2010 (1) Ker 60, Dissented from {" The main part of the definition of the term ' respondent— means that only an adult male person who is or has been in a domestic relationship with the aggrieved person against whom relief is sought under the Act falls within the definition of ' respondent— But, as per the proviso, it is made clear that in case of an aggrieved wife or female having live-in relationship akin to marriage, she may also file a complaint against a relative of her husband or the male partner. By this proviso, it cannot be construed that Parliament intended to expand the meaning and scope of the term ' respondent— so as to encompass even female relatives of the husband/male partner of the aggrieved wife or lady with live-in relationship. If that were to be the intention, then the provision would have been clear and specific, worded in a different way. It would ....