Domestic Violence Act- an Update

Read The Article below printed in Hindustan Times- 10th May, 2010. The whole article has been produced for Reader’s Benefit.

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Married sister can’t be booked under DV Act

Married sisters of a man, living separately from the joint family, cannot be prosecuted under the Domestic Violence (DV) Act on a complaint of his wife, a Delhi court has held.

Additional Sessions Judge Kamini Lau expressed concern over “misuse” of special laws by making women parties in the petitions just because they happened to be sisters of the man.

“Married sisters residing in their own matrimonial houses are not a part of the shared household or joint family, as contemplated under the Domestic Violence Act,” the court said.

It, however, clarified that the married sisters were not denied the rights, which could be claimed from their parental home.

The observations were made by the court while dismissing the plea of a woman who challenged an order of the Metropolitan Magistrate, refusing to summon married sisters of her estranged husband in the case under the Domestic Violence Act.

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A provision of Relief should be available for the cases that may fall under conspiracy. Upon plain denial of filing charges at the outset, it would only add upto the existing sad state. Just how many women take courage to report violence against her in- laws or anyone for that matter? The Laws need to be a little more considerate and should be able to cover up all the major loop- holes and not create new ones in the process.