Case Note & Summary
The applicant, Sau. Anita Ambadas @ Ambu Shivarkar, filed a criminal revision application challenging the judgment and order dated 17.08.2018 passed by the learned Sessions Judge, Buldhana, which dismissed her appeal against the order dated 13.01.2015 of the Judicial Magistrate, First Class, 2nd Court, Buldhana. The Magistrate had dismissed her application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act). The applicant and non-applicants belong to the Vaidu community, which has a custom of 'sate-lote' (exchange of daughters in marriage between two families). The applicant's marriage was solemnized with non-applicant no.1 (her maternal uncle) in 1998 as per this custom. Earlier, non-applicant no.1 had married the applicant's cousin Gangabai, but that marriage ended in divorce. Non-applicant no.1 later married non-applicant no.2 in 1983 and had two children. The applicant alleged domestic violence and filed an application under Section 12 of the DV Act. The Magistrate dismissed the application on the ground that the marriage was not valid as it was between close relatives (uncle and niece) and thus not a 'domestic relationship' under Section 2(f) of the DV Act. The Sessions Judge upheld this dismissal. The High Court considered the issue of whether the marriage performed as per the custom of 'sate-lote' constitutes a 'domestic relationship' under the DV Act. The court noted that Section 2(f) of the DV Act defines 'domestic relationship' broadly to include relationships in the nature of marriage. The court held that the marriage, even if not valid under personal law, may still be a relationship in the nature of marriage if the parties lived together as husband and wife. The court found that the courts below had erred in dismissing the application without considering the broader definition under the DV Act. The High Court allowed the revision application, set aside the orders of the courts below, and remanded the matter to the Magistrate for fresh consideration on merits, directing the Magistrate to decide the application afresh in accordance with law.
Headnote
A) Family Law - Domestic Violence - Customary Marriage - Section 2(f) Protection of Women from Domestic Violence Act, 2005 - The issue was whether a marriage performed as per the custom of 'sate-lote' in the Vaidu community constitutes a 'domestic relationship' under the DV Act. The court held that the relationship between the applicant and non-applicant no.1, being a marriage performed as per custom, falls within the definition of 'domestic relationship' under Section 2(f) of the DV Act, which includes relationships in the nature of marriage. The court set aside the orders of the courts below and remanded the matter for fresh consideration on merits. (Paras 1-10) B) Family Law - Domestic Violence - Maintainability of Application - Section 12 Protection of Women from Domestic Violence Act, 2005 - The courts below had dismissed the applicant's application under Section 12 of the DV Act on the ground that the marriage was not valid. The High Court held that the definition of 'domestic relationship' under Section 2(f) is broad and includes relationships in the nature of marriage, and thus the applicant's application was maintainable. The matter was remanded for fresh adjudication. (Paras 1-10)
Issue of Consideration
Whether the marriage performed as per the custom of 'sate-lote' in the Vaidu community constitutes a 'domestic relationship' under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, thereby entitling the applicant to maintain an application under Section 12 of the Act.
Final Decision
The High Court allowed the revision application, set aside the judgment and order dated 17.08.2018 of the Sessions Judge and the order dated 13.01.2015 of the Judicial Magistrate, and remanded the matter to the Judicial Magistrate, First Class, 2nd Court, Buldhana for fresh consideration on merits in accordance with law.
Law Points
- Domestic relationship includes marriage performed as per custom
- Protection of Women from Domestic Violence Act
- 2005 Section 2(f) includes relationships in the nature of marriage
- Customary marriage 'sate-lote' recognized as valid marriage for DV Act purposes
- Revision against dismissal of DV Act application allowed
- Matter remanded for fresh consideration on merits
