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DV Act: Complaint Not Maintainable If Parties Are Living Separately: SC [Read Order]

DV Act: Complaint Not Maintainable If Parties Are Living Separately: SC [Read Order]

The Supreme Court on October 4, 2019, in the case of Kamlesh Devi v. Jaipal & Ors., has upheld a dismissal of domestic violence complaint filed by a woman against persons not living with her in a shared household.

A Division Bench comprising of Justice Indira Banerjee and Justice M.R. Shah passed the ruling while hearing a special leave petition filed against the order passed by the Punjab & Haryana High Court whereby it had dismissed the criminal revision instituted by the petitioner under Section 401 of the Code of Criminal Procedure, 1973.

Earlier, the Judicial Magistrate (First Class) dismissed the petitioner’s complaint filed under the provisions of the Protection of Women from Domestic Violence Act, 2005, against her relatives. In the complaint, it was claimed that she is living with her relatives in the same premises and they are harassing and abusing her daughters.

The Punjab and Haryana High Court dismissed the criminal revision observing that no evidence is in record to prove that they have been living in a shared household.

Taking note of the same, the apex court bench upheld the order passed by the High Court.

“The High Court has rightly found in effect that the ingredients of domestic violence are wholly absent in this case. The petitioner and the respondents are not persons living together in a shared household. There is a vague allegation that the respondents are family members. There is not a whisper of the respondents with the petitioner. They appear to be neighbours,” the bench observed.

[Read Order]

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