Can a Domestic Violence Case Be Filed Against a Woman? 

WHETHER A CASE UNDER DOMESTIC VIOLENCE ACT COULD BE FILED / LODGED AGAINST A WOMAN OR FEMALE MEMBER?

The Supreme Court has held that “adult male person” restricting the meaning of respondent in Section 2(q) to only “adult male person” is not based on any intelligible differentia having rational nexus with object sought to be achieved. Hence, it is now permissible under definition of Section 2(q) to include females also. Consequently, the respondent can also be a female in domestic relationship with the aggrieved person. The next definition, which is relevant to be noticed is Section 2(s), which defines shared household. Shared household is defined in following words:-  "shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the  aggrieved person has any right, title or interest in the shared household.

Therefore the law has been settled on this score in the case of “Hiral P. Harsora and others Vs. Kusum Narottamdas Harsora and others, (2016) 10 SCC 165 Supreme Court”.  The Supreme Court has struck down the expression “adult male” from the definition of “respondent” given in the Sec. 2(q) of the PWDV Act.2005 and now the law is that the respondent can be a female also if she is or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under the PWDV ACT 2005.In other words now the law is that case can be filed/ lodged against the women or female members also who was/is in relationship with the aggrieved person.