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Aggrieved person alone can file a petition
The Protection of Women against Domestic Violence Act (PWDV Act), particularly its Section 12, makes it very clear that an application for the reliefs provided under Sections 18 to 22 can be made only by an aggrieved person or on her behalf, says the High Court of Kerala in Shynil & Others v State of Kerala & Others [2024:KER:89997].
Who is an aggrieved person?
An aggrieved person is defined in Section 2(a) of the PWDV Act. A 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 is an aggrieved person.
Remedies are available to persons subjected to violence
The Statement of Objects and Reasons of the PWDV Act envisages that the remedies under the PWDV Act are to ensure that rights of persons subjected to domestic violence are protected through a mechanism provided under the Act.
It is in the said context, the reliefs provided under the PWDV Act, including the monetary claims as provided under Section 20 of the PWDV, has to be understood, the HC clarifies in paragraph 8 of the above judgment.
Reference
- Shynil & Others v State of Kerala & Others [2024:KER:89997]
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