Govind Mathur, J.
1. This petition under Section 397 read with Section 401 Cr.P.C. is preferred to challenge the order dt. 25.09.2007 passed by learned Additional Sessions No. 3, Jodhpur accepting the appeal preferred to the extent it affirms the order dt. 06.06.2007 passed by learned Judicial Magistrate No. 5, Jodhpur withdrawing proceedings against respondents Smt. Umrao W/o Shri Kanhaiyalal and Kumari Gayatri D/o Shri Kanhaiyalal.
2. The Judicial Magistrate No. 5, Jodhpur by his order dt. 06.07.2007 withdrew proceedings against the respondents under the Protection of Women from Domestic Violence Act, 2005 by not treating them as 'respondents' being women. Learned Judicial Magistrate as well as the Appellate Court held that as per provisions of Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, only a male person could be treated as respondent, thus Smt. Umrao and Kumari Gayatri being female cannot be a party to the proceedings as 'respondents' under the Act of 2005.
3. The contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the Courts below while withdrawing proceedings against the respondents failed to appreciate that proviso to Section 2(q) of the Act of 2005 in most unambiguous term prescribes that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner and in the instant matter, Smt. Umrao and Kumari Gayatri are leatives of husband. It is asserted that term relative is not concerned with gender or sex of the respondent.
4. Considered the arguments advanced. Term 'respondent' as defined under Section 2(q) of the Act of 2005 reads as follows:
'respondent' means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act. Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
5. From a plain reading of the proviso to Section 2(q) of the Act of 2005, it is apparent that a complaint by a wife or a female living in relationship in the nature of marriage may also file a complaint against a relative of the husband. The term relative is quite broad and it includes all relations of the husband irrespective gender or sex. The Courts below have over-looked the proviso referred above and thus, erred while withdrawing proceedings against nonpetitioners Smt. Umrao and Kumari Gayatri.
6. Accordingly, this revision petition for the reasons mentioned above deserves acceptance and, therefore, is allowed. The order dt. 06.07.2007 passed by Judicial Magistrate No. 5, Jodhpur and the order passed by Additional Sessions Judge No. 3, Jodhpur dt. 25.09.2007 are quashed to the extent they relate to withdraw proceedings under the Act of 2005 against Smt. Umrao W/o Shri Kanhaiyalal and Kumari Gayatri D/o Shri Kanhaiyalal.