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Section 2(q) of the impugned Act



Impugned Provision / other anomaly
Breach of Section / Article
Section 2 (q) of the impugned Act
Article 14 of the Constitution of India


Section 2 (q) "respondent"

means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:
Provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against the relative of the husband or the male partner;



Article14: Equality before law

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.


The Argument

The definition puts the “relationship of Marriage” and “relationship in the nature of marriage” in one bracket. The “relationship in the nature of marriage” is an expression unknown to our matrimonial jurisprudence; And again, the interpretation of the expression is left to the whims and fancies of the “victim” of alleged domestic violence. And, the expression has the potential to subvert the existing healthy marital life, in case any victim alleges a “relationship in the nature of marriage”. The Legislature should have furnished a definitive meaning and scope of the expression “relationship in the nature of marriage”. The legislature has abdicated its essential legislative function.


Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Law Referencer: https://www.litigationplatform.com/


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