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2026 Supreme(Online)(Ker) 7215

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
DEVIKA M. ANILKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
OP(CRL.) NO. 302 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.C.C.ANOOP, SRI.BOBY THOMAS, SMT.N.RENJU
For the Respondents: SHRI.NIRMAL.S, SMT.VEENA HARI

No domestic relationship renders proceedings under the Domestic Violence Act non-maintainable.

Headnote:The petitioner filed a petition seeking quashing of an order under the Domestic Violence Act, asserting no domestic relationship existed with the respondents. The court found that the petitioner was not living with the respondents, leading to the conclusion that the domestic violence claim was non-maintainable (Paragraph 1-2). The main issue identified involves whether the proceedings against the petitioner were valid under the Domestic Violence Act. The court reasoned that as there was no shared household or domestic relationship, the proceedings initiated were not sustainable (Paragraph 2-6). Consequently, the court allowed the petition, quashing the interim order and related proceedings against the petitioner, effectively ruling in their favor (Conclusion).

Table of Content
1. the court examined the claim of no domestic relationship. (Para 1 , 2)
2. arguments regarding the lack of shared household were presented. (Para 3 , 4 , 5)
3. the court concluded on the non-maintainability of the proceedings. (Para 6)

JUDGMENT

Dated this the 3rd day of February, 2026 The 2nd respondent in M.C.No.11/2022 on the file of Grama Nyayalaya, Mathilakam, Thrissur, filed this petition under Article 227 of the Constitution of India, praying for quashing Ext.P1 petition as against the petitioner and also to set aside Ext.P2 order passed against her by the Grama Nyayalaya, Mathilakam, Thrissur.

2. According to the learned counsel for the petitioner, the petitioner is not residing along with respondents 2 to 5 in any shared household and also that there is no domestic relationship between them. In the above circumstances, according to the learned counsel, Ext.P1 petition filed under Section 12 of the Domestic Violence Act is not maintainable as against the petitioner. Therefore, he prayed for quashing Ext.P1 and Ext.P2 as against the petitioner herein.

3. The petition was strongly opposed by the learned counsel for respondents 2 to 4.

4. The learned counsel would argue that there is illicit relationship between the petitioner and the 5th respondent and the same is causing much hardships and inconvenience to the peaceful living of respondents 2 to 4.

5. Admittedly, the petitioner herein is residing not along with respondents 2 to 5. At the time of arguments it is revealed that the 5th respondent is a guide of the petitioner herein. According to the learned counsel for the petitioner, the petitioner has relationship with the 5th respondent only as a research fellow and guide and according to him there is no other relationship between them as alleged by the petitioner.

6. Admittedly, the petitioner herein is not residing along with respondents 2 to 5 in a shared household. Moreover, there is no domestic relationship between them. In the above circumstances, the 2nd respondent cannot claim any relief against the petitioner herein under the provisions of the Domestic Violence Act. If so, the proceedings as against the petitioner herein raised as per Ext.P1 petition is liable to be quashed. Further, Ext.P2 order passed against the petitioner is also liable to be set aside.

In the result, this OP(Crl) is allowed. All further proceedings against the petitioner in M.C.No.11/2022 on the file of Grama Nyayalaya, Mathilakam, Thrissur, and Ext.P2 order passed against her are set aside.

Sd/-

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