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2014 DIGILAW 410 (CHH)

Sameep Garg v. Manish Garg

2014-11-21

SANJAY K.AGRAWAL

body2014
ORDER Sanjay K. Agrawal, J. 1. Petitioners herein filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, the Act, 2005). The said application was dismissed summarily by the trial court by order dated 20.02.2014 holding that provisions of Act, 2005 is not attracted as none of the petitioners are aggrieved persons within the meaning of Section 2(a) of the Act, 2005, and in turn, the revisional court, having found the order of trial court dated 20.02.2014 in accordance with law, affirmed the same. Shri P.R. Patankar, learned counsel appearing for the petitioners would submit that orders impugned are bad in law as the petitioners are aggrieved persons within the meaning of aggrieved person as defined in Section 2(a) of the Act, 2005, whereas, Shri Manoj Paranjpe, learned counsel appearing for the respondents would submit that definition of aggrieved person is quite vivid and provisions of the Act, 2005 does not apply in the facts and circumstances of the present case. 2. I have heard the counsel appearing for the parties and perused the orders impugned carefully. 3. The Act, 2005, has been enacted to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith. 4. Section 2(a) of the Act, 2005 defines aggrieved persons which reads as under: "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent." 5. A plain & careful perusal of above definition would clearly show that aggrieved person must be a woman who is, or has been, in a domestic relationship with the respondent and who have been subjected to any kind of domestic violence by the respondent. 6. Indisputably none of the applicants are women and therefore, they are not aggrieved persons within the meaning of Section 2(a) of the Act, 2005, and thus, in the considered opinion of this court, the trial court as well as revisional court are absolutely justified in holding that provisions of Section 2(a) of the Act, 2005, is not attracted in the present case. Accordingly, the application under Section 482 of Cr.P.C. deserves to be and is hereby dismissed.