VARSHA KAPOOR Vs. UOI

JUDGEMENT

(1.) The petitioner herein is the mother-in-law of the respondent No.4. The respondent No.4 has instituted proceedings in the Court of Metropolitan Magistrate (Mahila Court South), New Delhi under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "DV Act"). In this application, the respondent No.4 has impleaded her husband as respondent No.1 and one Rakesh Dhawan as respondent No.3. Her mother-in-law has been arrayed as the respondent No.2 (the petitioner herein). Allegations of domestic violence perpetrated by her husband and mother-in-law are levelled on the basis of which the respondent No.4 has sought protection order under Section 18, Residence Order under Section 19 and Monetary Relief under Section 20 as well as Compensation Order under Section 22 of the DV Act.

(2.) Notice in this Application filed by the respondent No.4 has been issued by the Mahila Court to all the respondents and the petitioner has also received the said notice in her capacity as respondent No.2/mother-in-law. On receipt of this notice, she has rushed to this Court by means of the present writ petition, as her contention is that being a lady, she cannot be impleaded as the respondent in the said proceedings. Her submission flows from Section 2(q) of the DV Act, which defines "respondent". Contention is that the said definition includes only "adult male person". It is also the case of the petitioner that in case proviso to Section 2 (q) is interpreted including "female" also as the respondent, then such a provision is ultra vires the Constitution of India. We may add at this stage itself that though the prayer clause in the writ petition contains challenge to the vires of Section 2(q) of the DV Act as well, at the time of hearing, no arguments were advanced thereon.

(3.) Section 2 (q) of the DV Act reads as under: