Occasional short visits of relatives not sufficient to rope them in DV proceedings: HC

The Bombay high court recently held that occasional short visits of relatives are not sufficient to rope them in proceedings of domestic violence cases. “To constitute an act of domestic violence, the act must be having certain intensity as well as repetitions.

The Bombay high court recently held that occasional short visits of relatives are not sufficient to rope them in proceedings of domestic violence cases.

“To constitute an act of domestic violence, the act must be having certain intensity as well as repetitions. Short visits of parental relatives of the husband are not sufficient to rope them in a proceeding under the Protection of Women from Domestic Violence Act, 2005 [DV Act],” said justice AM Badar while striking down proceedings against three members of a family from Vikhroli.

Son of the Vikhroli woman had moved high court seeking quashing of the proceedings initiated by his wife against him and his family members. His lawyer argued that there were absolutely no allegations of domestic violence against his mother, sister and mentally challenged brother of the petitioner. He also contended that the couple was residing in Pune whereas his mother and siblings reside at Vikhroli, and occasional visits of relatives are not sufficient to implicate them in a proceeding under Section 12 of the DV Act.

The plea was opposed by the complainant woman. It was argued on her behalf that the family members of her husband had also committed acts of domestic violence and therefore the proceedings against them cannot be quashed. It was pointed out on her behalf that the mother, sister and brother of her husband had come to Pune for fifteen days and during that period sister of the husband used to quarrel with her over petty issues and the mother and sister of her husband used to incite her husband, who then used to assault her. She claimed that her sister-in-law took away her ‘mangal sutra’ when she went to her parental house in January 2017.