- (1.) Heard learned counsel for the parties.
(2.) Hon'ble the Chief Justice has constituted this Bench to answer the following question referred by the learned Single Judge:- Whether under the provisions of Protection of Women from Domestic Violence Act, 2005, complaint can be maintained against female ignoring the definition of respondent as given under Section 2(q) of the Act of 2005.
(3.) Briefly stated the facts of the case are that Complainant/Respondent No.2 Smt. Sagir Bano filed a complaint under Sections 12, 18, 19, 20, 21, 22, 23(2) of the Protection of Women From Domestic Violence Act, 2005 (for short 'the Act of 2005') in the Court of Additional Chief Judicial Magistrate No.4, Kota against six accused persons, wherein petitioner Smt. Kaniz Fatima was impleaded as accused No.3. Petitioner filed an application before the trial Court on 22.01.2008 to delete her name on the ground that no complaint under the provisions of the Act of 2005 can be filed against female as female does not fall within the meaning of respondent as defined under Section 2(q) of the Act.;