NGO has moved SC raising a limited issue inclusion of the woman members in the Family Welfare Committee sought to be formed as per directions of the judgment.
Supreme Court’s three-judge Bench has stated that it is not in the agreement with Court’s judgment rendered in Rajesh Sharma v. Union of India, in which it had laid down safeguards to prevent misuse of Section 498A of the Indian Penal Code.
Apex Court’s three-judge Bench of CJI Dipak Misra and Justice AM Khanwilkar and Justice DY Chandrachud was hearing a petition filed by the Maharashtra-based NGO, Nyayadhar.
Court observed that it is not agreeable to judgment rendered by Division Bench of Justice AK Goel and Justice UU Lalit on July 27,2017.
Apex Court proceeded to issue notice to Centre and also appointed the Senior Advocate V Shekhar as the Amicus Curiae to assist Court.
Case has now been listed for hearing on November 9,2017.
In its judgment passed in July, Apex Court had made certain directions, of which is constitution of the Family Welfare Committees to vet cases of the domestic violence by the family members.
Committees will comprise of paralegal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
Main function of these Committees would be to review the complaints filed under the Section 498A and interact with parties involved in these cases. They are required to prepare a report of case and submit it to relevant authority.
Apex Court had directed that no arrest will be made pending submission of this report.
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