Top
News Updates

Domestic Violence Complaint Not Maintainable If The Parties Are Not Living Together In A Shared House Hold: SC [Read Order]

LIVELAW NEWS NETWORK
15 Oct 2019 3:36 AM GMT
Domestic Violence Complaint Not Maintainable If The Parties Are Not Living Together In A Shared House Hold: SC [Read Order]
x
Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
599+GST
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

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 bench comprising Justice Indira Banerjee and Justice MR Shah 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. 

Click here to Read/Download Order



Next Story
Share it