Mere Reproduction Of Evidence Can Never Be Equated With Appreciation: Karnataka High Court Quashes Penalty Against Govt Employee Accused Cannot Repeatedly Send Cheque To FSL Till Favourable Report Is Obtained: Kerala High Court In NI Act Case Succession Certificate Cannot Be Issued For Gold Jewels Pledged With Bank, Applies Only To Debts And Securities: Madras High Court Order 11 Rule 14 CPC | Court Cannot Direct Production Of Documents Without Ascertaining They Are In Party's Possession: Calcutta High Court Undertrial Prisoners Don't Suffer 'Civil Death', Retain Fundamental Right To Alienate Property From Jail: Rajasthan High Court Direction For Reasonable Annual Enhancement Of Maintenance Under Section 125 CrPC Merely Preserves Its Real Value Against Inflation: Delhi High Court Testimony Of Sole Interested Witness Must Be Of 'Sterling Quality' To Base Conviction: Patna High Court Acquits Murder Convict Failure To Communicate Written Grounds Of Arrest Renders Arrest Constitutionally Infirm, Accused Entitled To Bail: Punjab & Haryana High Court Section 482 CrPC Petition Not Maintainable Against Order Framing Charge Under SC/ST Act, Appeal Lies Under Section 14A: Tripura High Court Disputed Questions Of Fact Regarding Title And Forged Documents Cannot Be Decided Under Article 226: Telangana High Court Matter To Be Enquired By Bar Council: Madhya Pradesh High Court Dismisses Lawyer's PILs With Costs For Suppressing Attorney-Client Relationship BDA Cannot Arbitrarily Reverse Resolutions Passed To Comply With Judicial Directives: Karnataka High Court Section 52A NDPS Act: Mere Non-Compliance Does Not Automatically Vitiate Trial Unless Evidence Is Doubtful: Punjab & Haryana High Court Seniority Must Be Determined From Date Of Substantive Appointment, Not Ad-Hoc Service: Allahabad High Court Uncorroborated Testimony Of Drug Inspector Cannot Form Sole Basis For Conviction Under Drugs Act: Andhra Pradesh High Court Suppression Of Adverse Facts Strikes At Root Of Equitable Jurisdiction: Bombay High Court Denies Injunction In HUF Property Dispute

Bombay High Court Rules Sister-in-law Living Separately Cannot Be Implicated in Domestic Violence Case for Mere Visits to Shared Household

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Bombay High Court observed, “Mere visits of the Petitioner to the shared household being devoid of any permanency is not sufficient and adequate to constitute residence in shared household,” thus setting aside an order implicating a sister-in-law in a domestic violence case.

The central legal issue revolved around the interpretation of ‘domestic relationship’ and ‘shared household’ under the Protection of Women from Domestic Violence Act, 2005 (D.V. Act). The court had to determine whether a sister-in-law, residing separately but occasionally visiting the shared household, could be implicated under the D.V. Act.

Mrs. Kinjal Jayesh Mehta, the petitioner, challenged an order by the Sessions Court that implicated her in a domestic violence case filed by her sister-in-law, Mrs. Disha Jimit Sanghvi. Sanghvi had filed an application under Section 12 of the D.V. Act, implicating her husband, mother-in-law, unmarried brother-in-law, and Mehta. The Metropolitan Magistrate initially dismissed the application against Mehta, leading to the appeal.

Justice Sharmila U. Deshmukh meticulously analyzed the definitions of ‘domestic relationship’ and ‘shared household’ under the D.V. Act. She highlighted that for a ‘domestic relationship’ to exist, the parties must have lived together in a shared household at some point. In Mehta’s case, she had never resided in the shared household, thus lacking a ‘domestic relationship’ with Sanghvi.

The Court referred to various precedents, notably "Prabha Tyagi v. Kamlesh Devi” and “Rashmi Mehrotra and Anr.”, to elucidate the concept of shared household and domestic relationship. It was emphasized that mere daily visits to the shared household do not constitute living in it or a domestic relationship.

The Bombay High Court quashed the Sessions Court’s order and reinstated the Metropolitan Magistrate’s decision, absolving Mehta from the domestic violence case. The Court clarified that visiting a shared household without permanent residence does not establish a ‘domestic relationship’ under the D.V. Act.

 Date of Decision: February 14, 2024

Kinjal Jayesh Mehta vs Disha Jimit Sanghvi And Anr

Latest Legal News