Husband’s Extra-Marital Partner Can’t Be Made Respondent In Domestic Violence Act Proceedings: Karnataka High Court

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Husband’s Extra-Marital Partner Can’t Be Made Respondent In Domestic Violence Act Proceedings

Case: Smt. Harini H. v. Smt. Harini H.

Coram: Justice Sreenivas Harish Kumar

Case No: Criminal Petiotion No. 2148 of 2021

Court Observation: “Section 2(q) of the Act makes it clear that only those persons who have been in the domestic relationship can be made as respondent. In this case as argued by the petitioner’s counsel, the allegation against the petitioner is that the 1st respondent’s husband was suspected to be having an illegal relationship with the petitioner and he thought of bringing the petitioner to his house. Except this allegation, there are no other allegations against the petitioner which indicate that she too joined with the husband of the 1st respondent in harassing her. Therefore the petitioner does not come within the scope of respondent as envisaged under Section 2(q) of the Act. Making her respondent in the application filed under Section 12 of the Act is unwarranted.”

“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. Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.”

“There cannot be any proceedings against her (Petitioner) under the provisions of the Act. Therefore it is to be stated that this petition deserves to be allowed. Accordingly, the petition is allowed. The proceedings against the petitioner in Crl.Misc.45/2021 on the file of JMFC, Arakalagudu are quashed as against the petitioner only.”

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Extra-Marital Partner, Domestic Violence Act