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RAJNESH OSWAL
Swaran Lata – Appellant
Versus
Renu Kumari – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
1. The present petition has been filed by the petitioners under section 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing the proceedings of the application titled 'Renu Kumari vs. Vikram Vikas and Ors.' filed by the respondent under section 12 along with application filed under section 23 of Domestic Violence Act, 2010 pending before the court of learned Munsiff (JMIC), R.S. Pura (hereinafter to be referred as trial court).
2. It is stated that the petitioner No. 1 is the mother-in-law, the petitioner No. 3 is the brother-in-law and the petitioner Nos. 2 and 4 are the sisters-in-law of the respondent respectively. The respondent has preferred an application under section 12 of Domestic Violence Act, 2010 before the trial court. In the said application, the respondent had sought the protection order, maintenance order, residence order and also return of her articles. It is further stated that the petitioners are in-laws of the respondent and they have preferred the present petition for quashing the proceedings before the trial court on the following grounds:-
Specific allegations of domestic violence are required against each individual for proceedings under the Domestic Violence Act to be valid; vague or general claims are insufficient to sustain such ac....
Only individuals living in a shared household with the aggrieved person qualify as respondents under the Domestic Violence Act, as defined in Sections 2(q) and 2(f).
Matrimonial Dispute - Domestic Violence - Proceedings quashed - There are no specific allegations as to how other relatives of Appellant have caused acts of domestic violence.
The court ruled that a domestic relationship ends upon establishing separate households, disallowing a domestic violence claim under the Act.
Lack of domestic relationship precludes application of domestic violence laws.
Distant relatives residing in a separate district may not be necessary parties in a domestic violence proceeding under the PWDV Act, and their presence may not be required for adjudication.
Absence of domestic relationship warrants quashing of proceedings under the Protection of Women from Domestic Violence Act.
A divorced woman is entitled to file a petition under the Domestic Violence Act, and the trial court must adjudicate the petition finally to test the authenticity of the allegations.
No domestic relationship renders proceedings under the Domestic Violence Act non-maintainable.
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