LAWS(CAL)-2009-5-8

RINA MUKHARJEE Vs. STATE OF WEST BENGAL

Decided On May 11, 2009
RINA MUKHARJEE Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) HEARD the learned counsel for both the parties. The O. P. No. 2 dose not appear to contest the application although affidavit or service shows that the service was effected upon her as per AID Card on 23rd July, 2008.

(2.) THE O. P. No. 2 made an application under Section 18 and 19 of The Protection of women from Domestic Violence Act, 2005 against the three petitioners praying for a protection order. The petitioner No. 1 is the daughter, petitioner No. 2 is the daughter's husband and the petitioner No. 3 is the brother of daughter's husband of the said o. P. No. 2

(3.) MR. Bhattacharya, takes two points. First point is that the scheme of the Act, 2005 does not envisage any commencement of action under Section 18/19 of the Act against a female person. I have been taken to the definition of the word "respondent" as appearing in Clause (Q) of Section 2 of the Act the definition runs thus: