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NEENA BANSAL KRISHNA
Sushila Devi Mittal – Appellant
Versus
Shikha Garg – Respondent
JUDGMENT
Neena Bansal Krishna, J.—Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), has been filed on behalf of the Petitioners seeking quashing of Domestic Violence Complaint Case No. 4219/2017 dated 30.11.2017, filed by the Respondent-Complainant-Smt. Shikha Garg, under Section 12 read with Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “DV Act”) and all proceedings emanating therefrom.
2. Briefly stated, Respondent-Complainant-Smt. Shikha Garg, married to Sh. Ajit Mittal, son of Petitioner No. 1-Smt Sushila Devi and brother of Petitioner No.2-Sh. Amit Mittal on 26.02.2002 at New Delhi. After her marriage, the Respondent/Complainant-Smt. Shikha Garg resided with her Husband-Sh. Ajit Mittal and his family members at Property bearing No.1, Sri Nagar Extension, Ashok Vihar, Phase-3, Delhi.
3. From this wedlock, a daughter was born on 12.5.2003 and a son was born on 6.5.2007.
4. Soon after their wedding, differences started to occur between Respondent-Complainant-Smt. Shikha Garg and her Husband-Ajit Mittal and his family members. It is submitted on behalf of t
Domestic violence – Criminal case cannot proceed where allegations are general in nature and non-specific.
The existence of a familial relationship is sufficient to sustain domestic violence proceedings under the Act, regardless of the respondent's residence status.
Failure to provide natural justice in the issuance of summons limits the fairness of legal proceedings under the Protection of Women from Domestic Violence Act.
The court ruled that a domestic relationship ends upon establishing separate households, disallowing a domestic violence claim under the Act.
Limitations under Section 468 of the CrPC do not apply until there is a breach of an order issued under Section 12 of the Protection of Women from Domestic Violence Act.
The court holds that a relationship in the nature of marriage qualifies as a domestic relationship under the Protection of Women from Domestic Violence Act, allowing the petitioner's complaint to pro....
Domestic violence proceedings under the DV Act require established shared household and direct domestic relationship; mere familial ties are insufficient for liability.
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 court emphasized the need for a cautious approach in cases of misuse of the Protection of Women against Domestic Violence Act, 2005, and highlighted the requirement for the allegations to constit....
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