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Whether proceeding under dv act can be initiated against lad

Whether proceeding under DV Act can be initiated against lady with whom husband is having extra marital relation?

 

 The short submission of Shri Patil, learned counsel,
is in Domestic Violence case as also in Criminal Complaint
Case, the complainant – non­applicant No. 2 has joined her

husband, his parents as party respondents.  Along with them,
the present applicants who are not relatives of husband have
also been impleaded.   He points out that as per allegations,
applicant No. 4 is alleged to be having extra marital relations
with her husband and applicant Nos. 1 & 2 are her parents.
Applicant No. 3 is her married sister while applicant No. 4 is
her   married   brother.     He   also   states   that   non­applicant
nowhere pleads that her husband has been staying with the
applicants and she has been staying with her husband as a part
of their family.
The provisions of Section 498­A of Indian Penal

Code   as   also   the   provisions   of   Protection   of   Women   from
Domestic Violence Act, 2005, contemplate action against the
husband and his relatives.  It is obvious that the applicants do
not fall in that category.
8. In this situation, cognizance of Domestic Violence
Case No. 254 of 2014 or then Criminal Complaint Case No.
120 of 2015 and FIR registered vide Crime No. 125 of 2015 as
against the applicants is unsustainable.  Therefore, we quash
and set aside the cognizance already taken to that extent.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
CRIMINAL APPLICATION (APL) NO.  712  OF  2015
 Maroti s/o Domaji Ramteke,

V
 State of Maharashtra

         CORAM :  B.P. DHARMADHIKARI &
V.M. DESHPANDE, JJ.
       FEBRUARY  15, 2016.
Citation:2016 ALLMR(CRI) 4232

https://www.lawweb.in/2016/10/whether-proceeding-under-dv-act-can-be.html



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 2 Replies

Ms.Usha Kapoor (CEO)     29 October 2016

According to the victim wife  under DV act that  applicant no4 is husvband's relative and hence husband is having extra marital relationship with  her. But as per the  facts of  the case  she is not his relative and hence  victim wife's allegations of husband's extramaritla retions with his reative is not sustainable.Hence  the victim wfe's case against that lady  having extramaritlal relarionahip with victim's husband is quashed by the learned Judge.If you appreciate this answer please click the thank you button on this forum.

  Posted about 8 hours ago Quote Report Abuse
 

Whether proceeding under DV Act can be initiated against lady with whom husband is having extra marital relation?

 

 The short submission of Shri Patil, learned counsel,
is in Domestic Violence case as also in Criminal Complaint
Case, the complainant – non­applicant No. 2 has joined her

husband, his parents as party respondents.  Along with them,
the present applicants who are not relatives of husband have
also been impleaded.   He points out that as per allegations,
applicant No. 4 is alleged to be having extra marital relations
with her husband and applicant Nos. 1 & 2 are her parents.
Applicant No. 3 is her married sister while applicant No. 4 is
her   married   brother.     He   also   states   that   non­applicant
nowhere pleads that her husband has been staying with the
applicants and she has been staying with her husband as a part
of their family.
The provisions of Section 498­A of Indian Penal

Code   as   also   the   provisions   of   Protection   of   Women   from
Domestic Violence Act, 2005, contemplate action against the
husband and his relatives.  It is obvious that the applicants do
not fall in that category.
8. In this situation, cognizance of Domestic Violence
Case No. 254 of 2014 or then Criminal Complaint Case No.
120 of 2015 and FIR registered vide Crime No. 125 of 2015 as
against the applicants is unsustainable.  Therefore, we quash
and set aside the cognizance already taken to that extent.

1 Like

Kumar Doab (FIN)     29 October 2016

Dear Law Web 123,

Thanks for posting.

You have been doing a commendable job and have made a tremdous contribution to the forum.


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