Bombay HC declares Delhi HCs decison final on domestic violence case

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The Bombay High Court on Thursday received confirmation on a Delhi High Court verdict that upheld the right of a mother of a male abuser to seek relief under the Protection of Women from Domestic Violence Act.

The Supreme Court’s rejection of an appeal filed against the order was also briefed to the Bombay High Court bench.

The bench of judges comprising Chief Justice Mohit Shah and Justice MS Sonak heard a petition filed by Kusum Harsora (54) and her 78 year old mother whose son is an abuser. The petition filed by the duo challenged the exclusion of women other than the wife or live-in partner of a male abuser from the ambit of the Protection of Women from Domestic Violence Act. The exclusion meant that none other than the spouse of an abuser was eligible to be included as ‘aggrieved persons” under the Act.

However, Kusum informed the court that On 02 September, 2011, in a case involving Kusumlata Sharma and the State of Delhi (NCR), the Delhi High Court held that a mother-in-law has the right to file a case of domestic violence against her daughter-in-law.

Justice Shah confirmed that even if the Delhi HC does not say about a sister, it is well understood that the Act also includes her and orders of the court (Delhi HC) should be followed in this matter.

But Dhiren Shah, the Center’s advocate sought some time to confirm the Supreme Court’s order and questioned whether the Child Welfare and Development Ministry has any knowledge of the case. 17 June has been fixed as the next date of hearing.