'Lived Separately': Gujarat High Court Quashes Domestic Violence Case Against Husband's Sisters Accused Of Instigating Dowry Demand
The Gujarat High Court quashed a domestic violence case against two women accused of instigating their brother for demanding dowry from his wife, observing that they were married much prior to the complainant and living separately hence the question of mental and physical torture by them did not arise. [2026 LiveLaw (Guj) 232]
The son of petitioners 1 and 2 was married to respondent no.1 as per Muslim rites. Due to marital discord, the wife left the matrimonial home along with the couple's two children. It was alleged that after returning to her parental home she lodged a domestic violence complaint against the family members of the husband. The petition was not pressed qua petitioner no.1 father-in-law and petitioner no. 2 the mother-in-law.
Justice AY Kogje in his order observed that it appeared that this was a case where allegations were levelled mainly against the husband.
The court noted that the allegations were to the effect that the wife was harassed mentally and physically by her husband who asked for dowry in the form of laptop, watch, mobile phone, etc and in her in-laws were instigating her husband. The court said:
"The husband of respondent No.1-complainant is Dentist by profession and even as per the case of the complainant, she went to reside with her husband at Pune, when he was pursuing his further studies, where they were residing separately. The Court is of the opinion that looking to the complaint as a whole, the allegations are general in nature.
Moreover, the only allegation against petitioner Nos.3 and 4 herein is that they used to instigate husband of respondent No.1 for demanding dowry from the complainant. Apart from this, there is no other allegation against petitioner Nos.3 and 4. Moreover, admittedly, petitioner Nos.3 and 4-the sisters-in-law of respondent No.1- complainant were married much prior to marriage of complainant and are residing separately. So question of mental and physical torture by them does not arise".
The court also noted that earlier as well the complainant had filed various complaints, including a maintenance application, application under Section 498A IPC and application under the Domestic Violence Act against all the family members, which was later withdrawn by her stating that the same were settled due to intervention of elders and community leaders. She had thereafter filed the present complaint.
"Moreover, the Court also finds that from the facts of the case, no ingredients are made out against petitioner Nos.3 and 4 under Sections 18, 19, 20, 22 and 23 of the Domestic Violence Act," the court said.
The court thus quashed the proceedings against the sisters-in-law.
Case title: SALIMBHAI ABUBAKARBHAI LAKHANI & ORS. v/s AKSANABANU SAMIRBHAI LAKHANI D/O ABDUL RASIDBHAI DHOLIYA & ORS.
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12673 of 2023
Citation: 2026 LiveLaw (Guj) 232