Allegations of dissatisfaction and invasion of privacy do not constitute 'domestic violence' under the Domestic Violence Act.

ORDER

Heard the learned counsel for the petitioner. Despite a fair and reasonable opportunity being given to the respondents, there is no appearance even today despite the revision being posted today under the caption “for orders”. In fact, earlier, I have heard the learned counsel for the petitioner and reserved orders and subsequently, in view of a mention having been made by the learned counsel for the respondents and in order to give an opportunity to the respondents to advance their arguments, the matter was listed today under the caption “for orders”. However, the said opportunity has not been availed of by the respondents. I have proceeded to hear the learned counsel for the petitioner.

2. Learned counsel for the petitioner would invite my attention to the complaints made against the revision petitioner, who is the mother-in-law of the first respondent, who has filed a compliant under the Protection of Women from Domestic Violence Act 2005 , (Act 43 of 2005). Taking me through the specific allegations that have been made against the revision petitioner/mother- in-law, the learned counsel for the petitioner would invite my attention to paragraph No.14, which is extracted hereunder for easy reference:-

“ I further submit the Manipulative Behavior of Mother-in- Law and Escalation of Tensions to my face, she acted as though she genuinely cared for me, and I initially believed her. However, when the Respondent scolded me for not doing any work, I realized she had been manipulating the situation all along. During discussions between both parties, she made statements like, “They should have found a girl from a village or town who would not be so progressive and would remain silent.” It became clear that she was hinting at her dissatisfaction with me as a daughter-in-law. My mother-in-

law has repeatedly invaded my privacy by entering my room in my absence, snooping through my belongings, and then complaining to my husband about how I organize my things. This behavior is not only disrespectful but also invasion of my privacy.”

3. Reading of the entire complaint indicates that other than paragraph No.14, there appears to be no other allegation levelled as against the revision petitioner herein. Even the allegations that are made in Paragraph no.14, as rightly contended by the learned counsel for the petitioner, would not qualify or amount to “domestic violence” as defined under Section 3 of the Domestic Violence Act. of Domestic Violence Act is extracted hereunder:

3. Definition of domestic violence.—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it— (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.—For the purposes of this section,— (i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) “sexual