The Bombay High Court recently voiced its concern over the trend of misuse of the provisions of the Protections of Women from Domestic Violence Act by their estranged wives to harass their husband and his family members; including relatives who are not even living at their matrimonial home.
Single-judge Justice RM Joshi quashed proceedings under this Act against the in-laws of a woman, who were also named in the complaint filed by the woman against her husband and other relatives. The in-laws were named despite they were despite residing far away from home.
In its order passed on July 18, the bench observed, “Unfortunately, a trend seems to have been adopted and proceedings under Domestic Violence Act are filed at even distant place i.e. the place where aggrieved person resides and not only husband and joint family members residing under one roof are made respondents but even distant relatives those who have no domestic relationship are also roped in order to cause harassment and to build pressure on husband.”
The bench voiced concern about the Act while hearing a plea filed by the brother-in-law, his wife, and the sister-in-law of the complainant woman, who did not live with her in the same house.
The three petitioners did not have a common ‘domestic relationship’ under the Act with the complainant as two of the petitioners lived in Khadki, Pune and the third one (married sister-in-law) was living in Osmanabad.
Noting the same, the bench said that it is settled law that a domestic relationship aggrieved person (complainant) and respondents is sine qua non (essential element) to maintain any proceedings under the DV Act.
The bench further said, “In order to constitute relationship between two persons as domestic relationship, they must live or at any point of time lived together in a shared household when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.”
The bench considered the evidence adduced by the three accused to show that they lived in distant places and did not share the same roof with the complainant.
Hence, the Court quashed the proceedings against the three accused.
Advocate GJ Kore represented the applicants.
Advocate Rajesh Mewara appeared for the complainant.
Source: https://www.barandbench.com/news/bombay-high-court-concern-rise-trend-women-misusing-domestic-violence-act