- (1.) An application was filed under Section 12 of the Protection of Women from Domestic Violence Act by the opposite party No. 2 against her son, daughter-in-law (petitioner) and her husband before the Court of Sub-divisional Judicial Magistrate, Ranchi wherein following prayers were made. 1. Pass protection orders under Section 18 and/or 2. Pass residence orders under Section 19 and/or 3. Direct the respondent to pay monetary relief under Section 20 and/or 4. Pass order under Section 21 of the Act and/or 5. Direct the respondent to grant compensation or damages under Section 22 and/or 6. Pass such interim orders as the Court deems just and proper; 7. Pass any orders as deems fit in the circumstances of the case.
(2.) The petitioner on appearing took objection by filing application that she being a woman cannot be allowed to be impleaded as respondent in terms of the provision as contained in Section 2(q) read with proviso to Section 19(l)(b) of the Protection of Women From Domestic Violence Act, 2005. That prayer was rejected vide order dated 15.5.2010 after putting reliance on a decision of the Bombay High Court holding therein that in terms of the definition given under Section 2(q) woman can be impleaded as respondent.
(3.) Being aggrieved with that order, this application has been filed.;