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 (D.V. Act). The applicant and non-applicants belong to the Vaidu community. Non-applicant no.1 is the maternal uncle of the applicant. As per the custom of 'sate-lote' in the community, the applicant's marriage was solemnized with non-applicant no.1 in 1998. Earlier, non-applicant no.1 had married the applicant's cousin Gangabai, but that marriage ended in divorce. The applicant alleged domestic violence by the non-applicants. The courts below dismissed her application on the ground that she was not in a 'domestic relationship' with the non-applicants as defined under Section 2(f) of the D.V. Act. The High Court examined the definition of 'domestic relationship' under Section 2(f), which includes relationships by marriage, blood, or adoption. The court noted that the applicant married non-applicant no.1 as per custom and is also his niece (daughter of his sister), thus falling within the definition. The court held that the courts below erred in dismissing the application without considering the merits. The revision application was allowed, the impugned orders were set aside, and the matter was remanded to the trial court for fresh consideration on merits, directing the parties to appear on 20.11.2023.
Headnote
A) Domestic Violence - Domestic Relationship - Definition under Section 2(f) - Customary Marriage and Blood Ties - The applicant married non-applicant no.1 as per custom of 'sate-lote' and is also the daughter of his sister, making her a blood relative. The court held that such relationship falls within the inclusive definition of 'domestic relationship' under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, which includes relationships by marriage, blood, or adoption. The courts below erred in holding otherwise. (Paras 1-10) B) Domestic Violence - Application under Section 12 - Dismissal Without Considering Merits - The trial court and appellate court dismissed the application solely on the ground that the applicant was not in a 'domestic relationship' with the non-applicants. The High Court found this erroneous and remanded the matter for fresh consideration on merits, directing the trial court to decide the application afresh in accordance with law. (Paras 11-15)
Issue of Consideration
Whether the applicant, who married non-applicant no.1 as per custom of 'sate-lote' and is also a blood relative (maternal uncle's daughter), falls within the definition of 'domestic relationship' under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, and whether the courts below erred in dismissing her application under Section 12 of the Act.
Final Decision
The revision application is allowed. The impugned judgment and order dated 17.08.2018 passed by the learned Sessions Judge, Buldhana and the order dated 13.01.2015 passed by the learned Judicial Magistrate, First Class, 2nd Court, Buldhana are set aside. The matter is remanded to the trial court for fresh consideration on merits. The parties are directed to appear before the trial court on 20.11.2023.
Law Points
- Domestic relationship includes customary marriage and blood ties
- Protection of Women from Domestic Violence Act
- 2005
- Section 2(f) definition
- Section 12 application
- Revision against concurrent findings
- Remand for fresh consideration
