Supreme Court of India
Hiral P. Harsora and Ors. v. Kusum Narottamdas Harsora and Ors.
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7 Supreme Court benches have cited this judgment.
What the Court ordered
We, therefore, set aside the impugned judgment of the Bombay High Court and declare that the words "adult male" in Section 2( q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution of India. Consequently, the proviso to Section 2(q), being rendered otiose, also stands deleted.
Judgment, 46
From the headnote
Protection of Women from Domestic Violence Act, 2005 - s. 2(q) and its proviso - Constitutional validity of s. 2(q) - Held; The object of the Act is to provide various remedies to women who suffer from domestic violence - Preamble of the Act also makes it clear that the Act is to redress violence, whether physical, sexual, verbal, emotional or economic - The definition of 'respondent' in s.2(q) is not based on any intelligible differentia having any rational relation to the object sought to be achieved by the Act - The microscopic difference between male and female, adult and non adult, regard being had to the object sought to be achieved by the Act, is neither real nor substantial nor does it have any rational relation to the object of the legislation…
Authorities it was built on
- 1982 D.S. Nakara & Others v. Union of India
- 1958 Shri Ram Krishna Dalmia v. Shri Justice S. R. Tendolkar & Others
- 1960 State of U.P. v. Deoman Upadhyaya
- 1958 Mohd. Hanif Quareshi & Others v. The State of Bihar
- 1956 Pannalal Binjraj v. Union of India.
- 1959 Dr. B. K. Pal Chaudhry v. The State Oe Assam
- 2014 Dr. Subramanian Swamy v. Director, Centeral Bureau of Investigation & Anr.
- 1988 Roop Chand Adlakha and Ors. v. Delhi Development Authority and Ors.
- 2008 Satyawati Sharma (dead) by Lrs. v. Union of India and Anr.
- 2001 B.R. Kapur v. State of Tamil Nadu and Anr.
- 2013 Bad Shah v. Sou.urmila Badshah Goose & Anr
- 1995 Harbilas Rai Bansal v. State of Punjab and Anr.
- 2008 Tulsa and Ors. v. Durghatiya and Ors.
- 1983 Motor General Traders & Anr. Etc Etc. v. State of Andhra Pradesh & Ors. Etc. Etc.
- 2013 Indra Sarma v. V.K.V. Sarma
- 1986 Rattan Arya Etc. Etc. v. State of Tamil Nadu & Anr.
- 2015 Union of India & Ors. v. Mis. N.S. Rathnam & Sons
- 1963 Corporation of Calcutta v. Calcutta Tramways Co. Ltd.
- 2011 Sou. Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade & Ors.
Where later benches applied it
- 2026 Syed Mohammed Ghouse Pasha Khadri v. Syed Mohammed Adil Pasha Khadri.
- 2024 State of Andhra Pradesh and Others v. Dr. Rao, V.B.J. Chelikani and Others
- 2020 Rajnesh v. Neha & Anr.
- 2020 Satish Chander Ahuja v. Sneha Ahuja
- 2026 Lokesh B.h v. State of Karnataka
- 2026 Hamsaanandini Nanduri v. Union of India
- 2019 Vasant Ganpat Padave(d) by Lrs. v. Anant Mahadev Sawant (dead) Thru Lrs..
Of those, 4 referred to · 3 mentioned
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