Back
SASHIKANTA MISHRA
Rabindra Kumar Mishra – Appellant
Versus
State of Odisha – Respondent
JUDGEMENT
Sashikanta Mishra, J.
The petitioners challenge the initiation of the proceeding under Section-12 read with Sections 19 and 20 of PWDV Act against them on the ground that they are not related to the complainant in any domestic relationship.
2. The facts of the case are that the present opposite party No. 2 has filed the case registered as DV Case No.191 of 2021 in the court of learned S.D.J.M. (S). Cuttack with the following prayer:-
'The petitioners therefore, prays that your Lordship's may graciously be pleased to allow the application and also may kindly be pleased to grant stay of further proceeding or pass any appropriate order in relating to D.V. Case No. 191 of 2021 pending before the court of learned S.D.J.M. (Sadar), Cuttack for the greater interest of justice.'
3. In the said petition it is stated that she had married one Sudhir Kumar Kara (opposite party No.1 in the complaint petition) way back in the year 1996 and that she is blessed with a son and daughter out of such marriage. It is alleged that opposite party Nos.3, 4, 6 and 7 (in the complaint petition) being her in-laws, subjected her to cruelty since her marriage was apparently solemnized against their wishes
A person cannot be made a respondent in domestic violence proceedings unless there is a domestic relationship as defined by the PWDV Act.
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).
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.
The central legal point established in the judgment is the requirement of a subsisting domestic relationship between the respondent and the complainant for the court to pass an order under the DV Act....
The main legal point established is that the definition of 'domestic relationship' under the DV Act requires a shared household, and a mere social visit does not fulfill this requirement.
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.
Prima facie allegations of domestic violence under the PWDV Act do not require detailed particulars of every single act of cruelty, and the veracity of the allegations would depend upon the evidence ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
