Upholding the Punjab & Haryana High Court’s dismissal of a Revision Petition in respect of domestic violence against persons not living in a shared household, the Supreme Court recently said that petitioner and respondent, are at best, neighbours and Domestic Violence Act is not applicable in the scenario.
A Division Bench of the Supreme Court comprising Justice Indira Banerjee and Justice M.R. Shah passed the ruling in Kamlesh Devi v. Jaipal & Ors while hearing a special leave petition.
In 2012, the Judicial Magistrate (First Class) dismissed a complaint filed by the Petitioner under the provisions of the Protection of Women from Domestic Violence Act, 2005. Later on, an appeal filed by the Petitioner before the Sessions Court against the said judgment has also been dismissed.
The Punjab and Haryana High Court while dismissing the Criminal Revision had held that no evidence is in record to prove that parties were living in a shared household. It was observed that the offence, if any, falls under the Indian Penal Code and is not made out under the Domestic Violence Act.
Observing the same, the Apex court has upheld the HC judgement, saying:
“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.”
— India Legal Bureau