Hiral P. Harsora vs Kusum Narottamdas Harsora - Supreme Court Important Judgment

Hiral P. Harsora vs Kusum Narottamdas Harsora - Supreme Court Important Judgment 2016 - 

 

On 6th October, 2016, in the case of Hiral P. Harsora and Ors vs Kusum Narottamdas Harsora and Ors. [Civil Appeal No.10084 of 2016], the Supreme Court struck down the words “adult male” before the word “person” in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, observing that “the words “adult male person” are contrary to the object of affording protection to women who have suffered from domestic violence “of any kind” and that “ these words discriminate between persons similarly situate, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 Act.”


 It was held that once the words “adult male” are struck down, the proviso to Section 2(q) of the 2005 Act [which carves out an exception to a situation of “respondent” not being an adult male], has no independent existence, having being rendered otiose, and also stands deleted.

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