If someone is not living in domestic relationship, such person cannot be mechanically impleaded as one of the respondents in the application

K Viswanathan vs Sivamalar

Madras HC


Crl. O.P. No. 91 of 2009

About/from the judgment:

Having regard to the operation of the Act as against the person who is sought to be taken as "respondent" in the proceedings initiated thereunder, it must be pointed out that unless the aggrieved person, namely, respondent herein, substantiates that the person concerned has got domestic relationship or that he is a family member, such person cannot be mechanically impleaded as one of the respondents in the application. If the respondent has any grievance against the petitioner, she is always at liberty to initiate proceedings against him before the appropriate forum for any offence committed by him against her, if she is so advised.

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