Bombay HC on Tuesday 11th January held that under the Protection of Women from Domestic Violence (DV) Act, the right to seek remedy is an exclusive right of an ‘aggrieved person’ and therefore, it is necessary for her to be alive at the time of filing of petition. The Court noted that although any person can present an application under the Act on behalf of aggrieved persons, but such other person cannot maintain an application independently of an aggrieved person.
The judgment was delivered in the case of Kanaka Kedar Sapre v. Kedar Narhar Sapre and Others by a single judge bench of Justice Sandeep K Shinde, he further observed that since the right to seek remedy under the DV Act is an exclusive right of the aggrieved person, it shall be extinguished on the death of ‘aggrieved person’ and therefore, no other person can enforce this right by filing an application under the Act after the demise of the aggrieved person.
The Court was hearing an application under the DV Act, moved by a minor daughter through her maternal grandmother on behalf of her deceased mother, seeking monetary reliefs, possession of stree dhan of the deceased and compensation from the respondents (her father and paternal grandfather and grandmother).
Rejecting the contention of the petitioners, the Court further observe that right to claim monetary reliefs, protection order and compensation under the D.V. Act, are personal-statutory and inalienable rights of the ‘aggrieved person’. These rights extinguish on the death of ‘aggrieved person’. For that reason, such rights were not enforceable by legal representatives of ‘aggrieved person’.
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