Allegations made by a child against parents, including claims of starvation or molestation, do not constitute 'verbal and emotional abuse' under the DV Act, as such a wide interpretation would hinder parties from reporting truths to authorities.

Rakesh Kainthla, Judge

The petitioners have filed the present petition for quashing of a Domestic Violence Complaint bearing DV Act No. 16/24 and registered as CIS No. 93/24 pending before the learned Chief Judicial Magistrate, Hamirpur, H.P. (learned Trial Court) and the subsequent proceedings arising out of it. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

Briefly stated, the facts giving rise to the present petition are that the complainant/respondent No.1 filed a complaint against the petitioners/respondents under Section 12, read with Sections 18 and 22 of the Protection of Women from Domestic Violence Act, 2005 (DV Act). It was asserted that the complainant is a 59-year-old woman residing with her husband in Village Bhamnoh. Respondent No.1 is the complainant’s daughter; respondent No.2 is her son-in-law, and respondents No. 3 and 4 are the parents of respondent No.2. Respondent No.1 was married to respondent No.2 in 2015. Respondent No.1 resided with the complainant before her marriage, and the complainant cared for and supported her throughout her life. Respondent No.1 started avoiding the complainant soon after her marriage, and she severed telephonic and social media contact with the complainant. Respondent Nos. 1 and 2 later moved to New Jersey, USA. Respondent No.1 filed a Domestic Violence Civil complaint and obtained a temporary restraint order in New Jersey Court against her elder sister, who was trying to encourage respondent No.1 to communicate with her parents. The complainant visited the residence of respondents No.3 and 4 to enquire about the well-being of respondent No.1; however, respondents No.3 and 4 did not provide any information to the complainant and did not allow her to enter the house. The complainant filed a police complaint before the Superintendent of Police, Hamirpur. She also filed a Civil Writ Petition before this Court seeking an opportunity to meet respondent No.1. Respondents No.1 to 3 made defamatory and false allegations against the complainant and her husband. Respondent No 1 alleged that the complainant had starved her and that the complainant’s husband had molested her (Respondent No. 1) when she was residing with the complainant and her husband. Respondent No.1 has been disseminating this false and misleading information to her brother and sister-in law since 2015, which has caused disharmony within the family. The acts of the respondents constitute Domestic Violence. Hence, a complaint was filed before the Court for taking action as per the law.

Being aggrieved by the filing of the complaint, the respondents have filed the present petition asserting that the complaint filed by the complainant is a clear abuse of the process of law. The complaint was filed with mala fide intention to harass the respondents. Complainant’s husband had also made a complaint against respondent No.2 to the NRI Cell National Commission for Women (NCW) regarding the safety and well-being of respondent No.1. This complaint was forwarded to the Superintendent of Police, Hamirpur, who investigated the matter and found the allegations made by the complainant to be false. Superintendent of Police had also arranged a video call between the complainant, her husband and respondent No.1. Respondent No.1 categorically stated that she was happily residing with her family in the USA and did not want to maintain any contact with the complainant and her relatives. The complainant filed a Civil Writ petition before this Court, which was disposed of on 27.11.2024. Respondent No.1 made a statement before this Court that she was residing happily with her husband and children in the USA, and she did not want to maintain any relationship with the complainant. The complainant filed a false complaint against the respondents after the termination of the proceedings before this Court because of the strained relationship between her and the re