Case Note & Summary
The applicants, including the husband (Ganesh Rathod), his mother (Panchafulla Rathod), brother-in-law (Chintaman Chauhan), sister-in-law (Varsha Chauhan), their sons (Harish and Aditya), and another brother-in-law (Nitin Naik) and his wife (Manish Naik), filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of a complaint dated 16/01/2020 filed by the respondents, the wife (Nikita Rathod) and her minor daughter (Kritika Rathod), under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The applicants contended that the provisions of the DV Act could not be invoked against them. The court examined the definitions of 'aggrieved person', 'domestic relationship', 'respondent', and 'shared household' under the DV Act. The court held that the minor daughter cannot be an 'aggrieved person' as she is not a woman in a domestic relationship with the husband or his relatives. The wife does not have a 'domestic relationship' with the brother-in-law, sister-in-law, and their sons as they are not related by blood, marriage, or adoption and do not live in a shared household. The mother-in-law, being a relative by marriage, could be a respondent, but the allegations against her were vague and did not disclose domestic violence. Consequently, the court quashed the complaint against all applicants.
Headnote
A) Domestic Violence - Aggrieved Person - Minor Daughter - The minor daughter cannot be an 'aggrieved person' under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005 as she is not a woman in a domestic relationship with the husband or his relatives. The complaint filed by the wife on behalf of the minor daughter is not maintainable. (Paras 4-6) B) Domestic Violence - Domestic Relationship - Relatives of Husband - The wife does not have a 'domestic relationship' with the brother-in-law, sister-in-law, and their sons under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 as they are not related by blood, marriage, or adoption, and do not live in a shared household. The complaint against them is liable to be quashed. (Paras 7-10) C) Domestic Violence - Shared Household - Mother-in-law - The mother-in-law, being the mother of the husband, is a relative by marriage and may be a 'respondent' under Section 2(q) of the Protection of Women from Domestic Violence Act, 2005. However, the complaint against her is also quashed as the allegations are vague and do not disclose any domestic violence. (Paras 11-12)
Issue of Consideration
Whether the complaint under the Protection of Women from Domestic Violence Act, 2005 could be maintained by the respondents in the facts and circumstances of the case, particularly regarding the interpretation of 'aggrieved person', 'domestic relationship', 'respondent', and 'shared household'.
Final Decision
The court allowed the application and quashed the complaint dated 16/01/2020 filed by the respondents under the Protection of Women from Domestic Violence Act, 2005 against all applicants.
Law Points
- Interpretation of 'aggrieved person'
- 'domestic relationship'
- 'domestic violence'
- 'respondent'
- 'shared household' under Protection of Women from Domestic Violence Act
- 2005
