Interim Order 1

Order Details: Copy of Order
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: ORDER BELOW EXH. 1 IN C.C.NO. 26/DV/2023 :
The applicant have filed the present application under Section
12 of the Domestic Violence Act against Respondent no. 1 and 2. It is
claimed by the applicant that respondent no.1 is her husband and
respondent no.2 is her fatherinlaw of the applicant. Therefore, it was
specifically directed to the applicant to satisfy the Court as to how the
Domestic Violence proceeding is maintainable against respondent no. 2.
2. Respondent no.2 is a reputed doctor in Belgaum. Though there
are allegations of abuse, assault and threat against respondent no. 1 and 2.
But here it is necessary to see whether it is sufficient to made out the case
against respondent no. 2 under the Domestic Violence Act.
3. Merely making allegation of Domestic Violence against any
person or family member is not sufficient to add them as a respondent under
Domestic Violence Act. Here, I would like to refer the definition of the
respondent which reads as under :
Section 2 (q) : “ respondent means any
adult male person who is, or has been, in
a domestic relationship with the
aggrieved person and against whom the
aggrieved person has sought any relief
under this Act.
As per the above definition respondent is any male person who is or
has been in Domestic relationship with aggrieved person. It means that
respondent must be in domestic relationship with the applicant. Then and
then only he can be added as a respondent.
4. Now here it is necessary to see what is mean by domestic
relationship :
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Section 2 (f) : “domestic relationship” means a
relationship between two persons who live or
have, at any point of time, lived together in a
shared household, when they are related by
consanguinity, marriage, or through a
relationship in the nature of marriage, adoption
or are family members living together as a joint
family.
Admittedly there is no contention of the applicant and respondent
no.2 were living with her or lived with her in shared household. The term
shared household is also important. The “shared household” is the place
where aggrieved person lives or lived in the domestic relationship with the
respondent. In the present matter there is no contention that the applicant
and respondent no.2 were living in the Domestic relationship or lived in the
Domestic relationship in the shared household. If the title clause of the
application is perused, it appears that the applicant has given address of
respondent no.2 which is Belgaum and applicant is residing in the Mumbai.
5. In respond to query it was submitted that respondent no.2 went
to UK for nine days. There he abused and threaten the applicant. However,
temporary visit of nine days cannot be termed as living in domestic
relationship. What require to termed any relationship as domestic
relationship their permanent stay in the shared household. Therefore, it is
clear that they were not in the Domestic relationship and they are never in
the Domestic relationship. Therefore, respondent no.2 cannot be prosecuted
as “Respondents” in the domestic violence Act. There may be allegation of
abuse, assault and threat against him but it is not covered in the definition of
Domestic Violence because he was not in a domestic relationship with the
applicant. It may be offence punishable under other statute like IPC.
However, certainly it is not cover under the Domestic Violence Act.
Therefore, application is liable to be dismissed against respondent no.2.
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6. The applicant has made specific allegation of the Domestic
Violence against the respondent no.1. She was living in the domestic
relationship with them in the shared household. Therefore, it will be proper
to issue notice to the respondent no.1. Hence, I pass the following order
ORDER
1) Application is dismissed against respondent no.2.
2) Issue notice to the respondent no.1.
3) Call the Domestic Violence report of the Protection
Officer.
( Nadeem A. Patel )
Metropolitan Magistrate,
Date: 03/07/2023 40th Court, Girgaon, Mumbai.
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