Hon'ble Judges/Coram:
Kurian Joseph and Rohinton Fali Nariman

JUDGMENT

Rohinton Fali Nariman, J.

1. Leave granted.

2. The present appeal arises out of a judgment dated 25.9.2014 of a Division Bench of the Bombay High Court. It raises an important question as to the constitutional validity of Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as "the 2005 Act").

3. On 3.4.2007, Kusum Narottam Harsora and her mother Pushpa Narottam Harsora filed a complaint under the 2005 Act against Pradeep, the brother/son, and his wife, and two sisters/daughters, alleging various acts of violence against them. The said complaint was withdrawn on 27.6.2007 with liberty to file a fresh complaint.

4. Nothing happened for over three years till the same duo of mother and daughter filed two separate complaints against the same Respondents in October, 2010. An application was moved before the learned Metropolitan Magistrate for a discharge of Respondent Nos. 2 to 4 stating that as the complaint was made Under Section 2(a) read with Section 2(q) of the 2005 Act, it can only be made against an adult male person and the three Respondents not being adult male persons were, therefore, required to be discharged. The Metropolitan Magistrate passed an order dated 5.1.2012 in which such discharge was refused. In a writ petition filed against the said order, on 15.2.2012, the Bombay High........