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The high court observed that to constitute relationship between two persons as domestic relationship, they must live or at any point of time lived together in a shared household.
A single-judge bench of the Bombay High Court at Aurangabad, presided by Justice RM Joshi, recently noted a concerning trend of adopting a similar approach to Section 498A IPC in cases filed under the Protection of Women from Domestic Violence Act, 2005.
The bench observed that the Supreme Court had previously highlighted the misuse of Section 498A IPC to harass the relatives of the husband and made the observation in this context.
“Unfortunately, similar trend seems to have been adopted and proceedings under DV Act are filed at even distant place i.e. place where aggrieved person resides as per Section 2(s) of Act and not only husband and joint family members residing under one roof are made respondents but distant relatives those who have no domestic relationship are also roped in order to cause harassment and to build pressure on husband,” the court observed.
The high court was considering a plea filed by the husband's brother, the husband's brother's wife, and the husband's sister, who argued that they did not share the same household with the complainant.
Justice RM Joshi observed that for a relationship to be considered a domestic relationship, the parties must have lived together or at any point in time lived together in a shared household.
“Domestic relationship between aggrieved person and respondent is sine qua non to maintain any proceeding under DV Act. In order to constitute relationship between two persons as domestic relationship, they must live or at any point of time lived together in a shared household when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family,” Justice Joshi noted.
The high court quashed the proceedings against the relatives and observed that it is essential for the applicant to plead that there is a domestic relationship between her and the respondent, as well as with the other family members.
“Thus, in order to constitute domestic relationship, the family members of the aggrieved person must be living together with aggrieved person as joint family. It is, therefore, essential that the applicant pleads that there is domestic relationship between her and respondent and that the other family members have lived or are living together as a joint family, to maintain any such complaint/application under the provisions of the DV Act,” the bench observed.
Case title: Dhananjay Mohan Zombade & Ors vs Prachi Zombade
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