Domestic Violence complaint not maintainable if the parties are not living together in a shared house hold

Domestic Violence complaint not maintainable if the parties are not living together in a shared house hold

Kamlesh Devi Vs Jaipal and Ors

Supreme Court

04/10/2019

SPECIAL LEAVE PETITION (CRIMINAL)- Diary No(s).34053/2019

About/from the judgment:

The Supreme Court has upheld a dismissal of domestic violence complaint filed by a woman against persons not living with her in a shared household.

 

The woman had filed a complaint against certain persons, claiming that they are her relatives living in the same premises, alleging that they were harassing and abusing her daughters. The Punjab and Haryana High Court, while considering the revision petition, observed that no evidence is in record to prove that they have been living in a shared household. (Kamlesh Devi vs. Jaipal)

 

It transpires that the offence, if any, which has been alleged, falls in the provisions of IPC and it does not attract the provisions of the DV Act, the High Court had observed while upholding the dismissal of the complaint.

 

While upholding the High Court order, the court observed:

 

The High Court has rightly found in effect that the ingredients of domestic violence are wholly absent in this case. The petitioner and the respondents are not persons living together in a shared household. There is a vague allegation that the respondents are family members. There is not a whisper of the respondents with the petitioner. They appear to be neighbours.

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