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June 25, 2021
Supreme Court on Domestic Violence, no DV in separate household
News English

Respondent Living in Separate House cannot be made Party in Domestic Violence

Supreme Court, bench of Justice Indira Banerjee and Justice M.R. Shah, dismissed the Special Leave Petition filed by a women, where she alleged Domestic Violence by neighbours.

In the matter of Kamlesh Devi Vs Jaipal, the complaint of the petitioner women was dismissed in Oct 2012 by the Judicial Magistrate (First Class). An appeal was then filed before Punjab and Haryana High Court, the court observed that the parties were not living in the shared household and dismissed her application.

The bench at Supreme Court while upholding the High Court order said:

“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.”

The bench also observed it as a vague allegations that the respondents are family member:

“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.”

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