LAWS(GJH)-2009-12-244

JAYDIPSINH PRABHATSINH JHALA Vs. STATE OF GUJARAT

Decided On December 22, 2009
JAYDIPSINH PRABHATSINH JHALA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Both these petitions arise out of the proceedings under the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'). Since, two important and repetitive questions are common in these proceedings, they have been heard together and are being disposed of by this common judgment.

(2.) First question of considerable importance is the meaning of term 'respondent' as defined in Sec. 2(q) of the Act. In other words, the question is whether a female member of the family can be a respondent in the proceedings under the Act.

(3.) Questions arise in the factual background, which are slightly different in each case. We may notice such facts at this stage.