Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 2190

SUPREME COURT OF INDIA
Indira Banerjee, M.R. Shah, JJ.
Kamlesh Devi - Appellant
Versus
Jaipal & Ors. - Respondents
Special Leave Petition (Criminal)..... Diary No. 34053/2019 (Arising out of impugned final judgment and order dated 16-09-2016 in CRLR No. 609/2015 passed by the High Court Of Punjab & Haryana At Chandigarh)
Decided On : 04-10-2019

Advocates Appeared:
Mr. Anurag Pandey, Advocate, Ms. Reena Pandey, Advocate, for the Appellant; Ms. Pushpa Kishore, Advocate, for the Respondent

The central legal point established in the judgment is the requirement of evidence showing shared household and living arrangements to establish domestic violence under the Protection of Women from Domestic Violence Act, 2005.

Headnote:
Domestic Violence - Protection of Women - Absence of Ingredients of Domestic Violence
Fact of the Case:

The petitioner filed a complaint under the Protection of Women from Domestic Violence Act, 2005, which was dismissed by the Judicial Magistrate. The petitioner's appeal and revisional application were also dismissed, leading to the special leave petition.
Finding of the Court:

The High Court found that the ingredients of domestic violence were wholly absent in the case, as the petitioner and the respondents were not living together in a shared household. The court noted that there was a vague allegation that the respondents were family members, but there was no evidence of them living together. The court concluded that the respondents appeared to be neighbors.
Issues: The main issue was the absence of the ingredients of domestic violence in the case, specifically the lack of shared household and living arrangements between the petitioner and the respondents.
Ratio Decidendi: The court's decision was influenced by the absence of evidence showing that the petitioner and the respondents were living together in a shared household, which is a key element in establishing domestic violence under the Act.
Final Decision: The special leave petition was dismissed by the court, and pending applications were disposed of.

ORDER

1. Delay condoned.

2. This special leave petition is directed against an order dated 16th September, 2016 passed by the High Court of Punjab & Haryana at Chandigarh, dismissing Criminal Revision No.609/2015, filed by the petitioner under Section Signature Not Verified 401 of the Criminal Procedure Code.

3. By a judgment dated 22nd October 2012 the Judicial Magistrate (First Class) dismissed a complaint filed by the petitioner under the provisions of the Protection of Women from Domestic Violence Act, 2005.

4. An appeal filed by the petitioner against the said judgment and order has been dismissed. The revisional application filed by the petitioner under Section 401 of the Criminal Procedure Code for quashing the appellate order of the Sessions Judge and the judgment and order of the Judicial Magistrate (First Class) has been dismissed by the order impugned in the special leave petition.

5. 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.

6. The special leave petition is dismissed. Pending applications shall stand disposed of.

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