Case Note & Summary
The petitioner, Smt. Shakuntala Beleri, a 78-year-old widow and senior citizen, filed a Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Misc. No.165/2015 pending before the Civil Judge and JMFC, Mundargi. The said case was initiated by the respondent, Smt. Chaitra Shtar, who is the wife of one Manjunath Shettar. The respondent married Manjunath Shettar on 16.12.2013. Prior to the marriage, the petitioner had executed a Will dated 05.04.2013 bequeathing her properties in favour of Manjunath Shettar, treating him as a well-wisher. However, after the marriage, Manjunath Shettar allegedly changed his attitude and started neglecting the petitioner. The respondent filed a complaint under Sections 18, 19, 20, 22, and 23 of the Protection of Women from Domestic Violence Act, 2005, against the petitioner and others. The petitioner contended that she was not in a domestic relationship with the respondent as defined under Section 2(f) of the Act, as she did not live with the respondent in a shared household. The High Court examined the definition of 'domestic relationship' under Section 2(f) of the Act, which requires that the persons live or have lived together in a shared household and are related by consanguinity, marriage, or adoption. The Court noted that the petitioner, being the mother-in-law, did not reside with the respondent and was not in a domestic relationship. The Court held that the complaint against the petitioner was an abuse of the process of law and quashed the proceedings against her. The petition was allowed.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Abuse of Process - The High Court quashed proceedings against a senior citizen mother-in-law in a complaint filed by her daughter-in-law under the Protection of Women from Domestic Violence Act, 2005, as the petitioner was not in a domestic relationship with the respondent and the complaint was an abuse of process of law. (Para 4) B) Protection of Women from Domestic Violence Act, 2005 - Domestic Relationship - Sections 2(a), 2(f), 18, 19, 20, 22, 23 - The Act defines 'domestic relationship' as a relationship between two persons who live or have lived together in a shared household and are related by consanguinity, marriage, or adoption. A mother-in-law who does not live with the daughter-in-law and is not in a domestic relationship cannot be subjected to proceedings under the Act. (Para 3-4)
Issue of Consideration
Whether a complaint under the Protection of Women from Domestic Violence Act, 2005 can be maintained against a female relative who is not in a domestic relationship with the complainant?
Final Decision
The petition is allowed. The proceedings in Criminal Misc. No.165/2015 pending on the file of the Civil Judge and JMFC, Mundargi, insofar as the petitioner is concerned, are quashed.
Law Points
- Domestic relationship under Protection of Women from Domestic Violence Act
- 2005 requires shared household and relationship by blood
- marriage
- or adoption
- Female relative not in domestic relationship cannot be proceeded against
- Quashing under Section 482 Cr.P.C. for abuse of process
