Case Note & Summary
The petitioners, Dr. Akshay Lakhotiya, his father Navalkishor, and mother Kiran, filed two criminal writ petitions challenging proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) initiated by the respondent, Dr. Arti Lakhotiya, the wife of Dr. Akshay. The marriage between Dr. Akshay and Dr. Arti took place on 30th April 2014, but the couple never lived together as husband and wife. Dr. Arti filed a complaint under Section 12 of the DV Act alleging domestic violence, and the Judicial Magistrate First Class, Akola, passed an interim maintenance order under Section 23 of the DV Act directing the petitioners to pay Rs.5,000 per month. The petitioners sought quashing of the entire proceedings and the interim order. The High Court examined the definitions of 'domestic relationship' under Section 2(f) and 'shared household' under Section 2(s) of the DV Act. It held that a domestic relationship requires the parties to have lived together in a shared household in a relationship of marriage or in the nature of marriage. Since the respondent never lived with the petitioners in any shared household after marriage, no domestic relationship existed. The court also noted that the respondent continued to reside in her parental home in Bangalore, which was not a shared household as defined. Consequently, the complaint under the DV Act was not maintainable, and the interim maintenance order was without jurisdiction. The court allowed both petitions, quashed the proceedings in Misc. Criminal Case No.1004/2014, and set aside the interim maintenance order dated 15/12/2014.
Headnote
A) Domestic Violence Act - Domestic Relationship - Section 2(f) of Protection of Women from Domestic Violence Act, 2005 - The term 'domestic relationship' requires that the parties have lived together in a shared household in a relationship of marriage or a relationship in the nature of marriage. Mere marriage without cohabitation in a shared household does not constitute a domestic relationship under the Act. (Paras 8-10) B) Domestic Violence Act - Shared Household - Section 2(s) of Protection of Women from Domestic Violence Act, 2005 - A shared household must be a household where the aggrieved person has lived in a domestic relationship, either singly or along with the respondent. The property must be owned or rented by the respondent or belong to a joint family. (Paras 11-12) C) Domestic Violence Act - Interim Maintenance - Section 23 of Protection of Women from Domestic Violence Act, 2005 - Interim maintenance can only be granted if the aggrieved person establishes a prima facie case of domestic violence and a domestic relationship. Without such relationship, the order granting interim maintenance is without jurisdiction. (Paras 13-15)
Issue of Consideration
Whether the respondent-wife can maintain a complaint under the Protection of Women from Domestic Violence Act, 2005 against her husband and in-laws when she never lived with them in a shared household after marriage, and whether the interim maintenance order passed under Section 23 of the DV Act is sustainable.
Final Decision
Both criminal writ petitions are allowed. The entire proceedings of Misc. Criminal Case No.1004/2014 pending before the Judicial Magistrate First Class, Court No.4, Akola are quashed and set aside. The order dated 15/12/2014 granting interim maintenance under Section 23 of the DV Act is also set aside. Rule made absolute.
Law Points
- Domestic relationship under Section 2(f) of DV Act requires shared household or living together in a domestic relationship
- Shared household under Section 2(s) of DV Act must be owned or rented by respondent
- Interim maintenance under Section 23 of DV Act cannot be granted without establishing domestic relationship
