by Police - Bureau of Police Research and Development

The Indian Police Journalrelationship on the date of preferring the application. The Courtheld that the words ‘has been’ and ‘have lived’ are also used inthe Act, which means that even though it is not in continuity, thenalso the application can be made on the basis of past relationship.• Nand Kishore v. State of Rajasthan 30In this case also, the Court took the opinion that the complaintcan be against any male or female relative of the husband as theproviso to Section 2(q) of the Act provides only about the relativeand not the male relative.• Dr. Vinod Parasher v. State of U.P. 31The Court held in this case that the proceedings under the Act isessentially of civil nature and it is only for the purpose of cuttingdown procedural delays that the powers have been conferred tothe Magistrate under the provisions of Cr.P.C. for the enforcementof rights under the Act.• Ramadevi v. State of Kerala 32The Court in this case has refused to give narrow meaning to theword ‘aggrieved person’ and ‘respondent’. The aggrieved personmeans any woman who is or has been in a domestic relationshipwith the respondent and who alleges to have been subjected toaggrieved person can only relate to a domestic violence allegedto have been committed by the respondent to the application andfor the meaning of the term respondent, the reference can be madeto Section 2(q) of the Act, which provides that it means any adultmale person who is or has been in domestic relationship withthe aggrieved person provided that the aggrieved wife or femalecomplaint against a relative of the husband or male partner. Thus,such a relative cannot be only a male partner. If the respondentto an application under Section 12 of the Act could only be malepartner and a female person could never be the respondent toan application under this Section, then the proviso to Section 19(1) would be meaningless. 33 If the proviso is considered, then itwould indicate only embargo against the passing of the residenceorder.302009(3) Cr. Court Cases 259 (Raj).312008(3) Cr. Court Cases 0217 (All).322009(1) Cr. Court Cases 083 (Ker).33See 158 January - March, 2013