Case Note & Summary
The petitioners, Ganesh s/o Rajendra Kapratwar, Abhijeet s/o Ganeshrao Kapratwar, and Parijeet s/o Ganeshrao Kapratwar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, seeking quashing of proceedings initiated under the Protection of Women from Domestic Violence Act, 2005. The proceedings were initiated by respondent No.2, Shantabai w/o Rajendra Kapratwar, who is the mother-in-law of petitioner No.1 (Ganesh) and grandmother of petitioners No.2 and 3 (Abhijeet and Parijeet). The application was filed before the Judicial Magistrate, Degloor, bearing Misc. Criminal Application No. 75 of 2009. The petitioners contended that the mother-in-law is not an 'aggrieved person' within the meaning of Section 2(a) of the Domestic Violence Act, as there is no 'domestic relationship' between her and the petitioners under Section 2(f) of the Act. The court examined the definitions under the Act. Section 2(a) defines 'aggrieved person' as any woman who is or has been in a domestic relationship with the respondent. Section 2(f) defines 'domestic relationship' as a relationship between two persons who live or have lived together in a shared household, and who 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 court observed that a mother-in-law and son-in-law are not covered under any of these categories. The relationship between a mother-in-law and son-in-law is not by consanguinity, marriage, or adoption, nor is it a relationship in the nature of marriage. The court held that the mother-in-law cannot be considered an 'aggrieved person' in relation to her son-in-law, and therefore, the application under the Domestic Violence Act was not maintainable. Consequently, the court allowed the petition and quashed the proceedings in Misc. Criminal Application No. 75 of 2009 pending before the Judicial Magistrate, Degloor.
Headnote
A) Domestic Violence Act - Aggrieved Person - Definition - Section 2(a) of Protection of Women from Domestic Violence Act, 2005 - The term 'aggrieved person' means any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to domestic violence. The definition does not include a mother-in-law in relation to her son-in-law. (Para 4) B) Domestic Violence Act - Domestic Relationship - Definition - Section 2(f) of Protection of Women from Domestic Violence Act, 2005 - Domestic relationship means a relationship between two persons who live or have lived together in a shared household, and who 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. A mother-in-law and son-in-law are not covered under this definition. (Para 5) C) Domestic Violence Act - Maintainability of Application - Mother-in-law vs. Son-in-law - Section 12 of Protection of Women from Domestic Violence Act, 2005 - The court held that a mother-in-law cannot file an application under the Act against her son-in-law as there is no domestic relationship between them. The proceedings initiated by respondent No.2 (mother-in-law) against the petitioners (son-in-law and his sons) were quashed. (Paras 4-6)
Issue of Consideration
Whether a mother-in-law can maintain an application under the Protection of Women from Domestic Violence Act, 2005 against her son-in-law and his sons, in the absence of a domestic relationship as defined under Section 2(f) of the Act.
Final Decision
The petition is allowed. The proceedings in Misc. Criminal Application No. 75 of 2009 pending before the Judicial Magistrate, Degloor, are quashed and set aside.
Law Points
- Domestic relationship
- aggrieved person
- mother-in-law
- Protection of Women from Domestic Violence Act
- 2005
- Section 2(a)
- Section 2(f)
- Section 12
- quashing of proceedings
