The Bombay HC recently held that occasional short visits of relatives aren't sufficient to rope them in proceedings of domestic violence cases.
“To constitute an act of domestic violence, the act must be having certain intensity as well as repetitions. Short visits of parental relatives of the husband are not sufficient to rope them in a proceeding under the Protection of Women from Domestic Violence Act, 2005 [DV Act],” said justice AM Badar while striking down proceedings against three members of a family from Vikhroli.
Son of the Vikhroli woman had moved HC seeking quashing of the proceedings initiated by his wife against him & his family members. His lawyer argued that there were absolutely no allegations of domestic violence against his mother, sister & mentally challenged brother of the petitioner. He also contended that the couple was residing in Pune whereas his mother & siblings reside at Vikhroli, & occasional visits of relatives aren't sufficient to implicate them in a proceeding under Section 12 of the Domestic Violence Act.
The plea was opposed by the complainant woman. It was argued on her behalf that the family members of her husband had also committed acts of domestic violence & therefore the proceedings against them can't be quashed. It was pointed out on her behalf that the mother, sister & brother of her husband had come to Pune for fifteen days & during that period sister of the husband used to quarrel with her over petty issues & the mother & sister of her husband used to incite her husband, who then used to assault her. She claimed that her sister-in-law took away her ‘mangal sutra’ when she went to her parental house in Jan 2017.
The argument, however, failed to impress upon justice Badar. The judge noted that the couple got married in Oct 2016 & went to reside at Pune after returning from honeymoon & had hardly stayed at Vikhroli. The judge said the allegations against the family members, except the husband, didn't constitute domestic violence.
Source Link
Picture Source :
