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
CRIMINAL APPLICATION (APL) NO. 712 OF 2015
Maroti s/o Domaji Ramteke,
State of Maharashtra
CORAM : B.P. DHARMADHIKARI &
V.M. DESHPANDE, JJ.
FEBRUARY 15, 2016.
Citation:2016 ALLMR(CRI) 4232