Domestic Violence: Mere vague allegation that respondents are family members will not be sufficient to maintain the complaint [Read the SC Order]

A bench of Justice Banerjee and Justice Shah in the case titled as KAMLESH DEVI vs JAIPAL & ORS. dated 04.10.2019 has opined that mere vague allegation is not sufficient to bring the case within domestice violence act.

The petitioner claimed that she and respondents are the family members of the same family and have been living in same premises.

Husband of the petitioner is retired from BSF and she has three daughters, namely, Urmila, Anusaya and Gaytri. Anusaya and Gaytri are unmarried daughters of the petitioner and have been going to Krishna Nagar College for their study.

Further respondents have made a gang and are quarrelsome persons and whenever daughters of petitioner i.e. Anusaya and Gaytri went to their college, respondents Jaipal, Krishan Kumar and Sandeep followed them and tease them and also did obscene activities.

Husband of the petitioner Sube Singh also made a complaint to Sarpanch of Village Gaud against the respondents then in presence of respectable of the village, the respondents also apologized in writing on 5.8.2008.

Thereafter, they remained normal for some time but afterwards again started those obscene activities. Hence, finding no other alternative for protection from domestic violence, the present complaint has been filed.

The learned Judicial Magistrate Ist Class, Narnaul, after discussing the provisions of the Act found that none of the witnesses on record has established any fact to the effect that the respondents and the petitioner have been living in a shared household and the respondents have caused domestic violence upon them.

The trial court also held that no violence whatsoever has been alleged of any kind within the premises of shared household. Ld. Magistragte dismissed the case. Appeal filed by the petitioner was also dimissed. Even the High Court did not came to the rescue of the petitioner. 

Then the petitioner approached the Supreme Court which also declined to give any relief observing as under:

"The High Court has rightly found in effect that the ingredients of domestic violence are wholly absent in this case. The petitioner and the respondents are not persons living together in a shared household. There is a vague allegation that the respondents are family members. There is not a whisper of the respondents with the petitioner. They appear to be neighbours. The special leave petition is dismissed".

Read the Order here:

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