DOMESTIC VIOLENCE: WIFE LIVING SEPARATELY CANNOT FILE CASE AGAINST PARENTS-IN LAW [READ THE ORDER]
Domestic Violence: Wife Living Separately Cannot
File Case Against Parents-In Law [Read The Order]
Madhya Pradesh High Court has held that if wife and husband laves
the share households to establish their own household, the domestic
relationship comes to an end in respect of parents and therefore complaint
under DV Act cannot be maintained against them.
A bench
of Justice Awasthi has passed the order in the case titled as Kuldeep Singh Vs. Rekha on 18.06.2019.
After the marriage, the wife came to her matrimonial
house situated at Gwalior and resided with the family members of her
husband. It is stated that in the year 2011 her husband got job at Tresure
Island, Indore and in the year 2012 her husband shifted Delhi and they
started living there. When they were living at Indore and
Delhi, applicant No.2 and 3 came there and demanded Rs.22,000,00/-
and harassed her. It is alleged that the applicant No.2 and 3 used to
visit at Indore and Delhi and they reiterated the respondent
No.1 with regard to dowry. Wife filed a complaint under Domestic
Violence Act against several persons including her husband and his mother &
father.
When the matter reached the High Court, it observed “The
aforesaid documents clearly established that after sometime of the
marriage, respondent No.1 and her husband moved out joint family and
established their own households at Indore and Delhi”.
It further observed “In this regard
the provision of Domestic Violence Act is to be taken into account.
Under the Domestic Violence Act the first per-condition is that
the applicant must be an aggrieved person is a person defined in Section
2(a) of the Act. The domestic relationship must be there between the
aggrieved person and respondent to invoke Domestic Violence Act”.
Finally the High Court quashed the
case against parents-in-law by saying “This Court has carefully gone through
the complaint preferred under Section 12 of the DV Act, and in
the considered opinion of this Court, that in the present case, after
sometime of the marriage the
respondent gone with her husband leaves the share households to establish
their own households at Indore and Delhi, and as a result domestic
relationship comes to an end, therefore proceedings based upon
the complaint initiated in the matter pending before the Judicial
Magistrate, First Class- Indore is not maintainable against the applicant No.2
to 8 and deserves to be quashed”.
Source Latest laws.com
Read the order
MANISHANKAR
CEO-ANTI-CORRUPTION AND HUMAN RIGHTS MOVEMENT®-CHENNAI
Email: anticorruption.org2007@gmail.com.
Mobile: 91 9087856137
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