Kar HC | Persons only in ‘domestic relationship’ as per S. 2 of Domestic Violence Act, 2005 can be made as respondent under S. 12 of DV Act

Karnataka High Court: Sreenivas Harish Kumar, J., allowed the petition and directed that there cannot be any proceedings against the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

The instant Criminal Petition was filed under Section 482 Criminal Procedure Code i.e. Cr.P.C., praying to quash the entire proceedings on the file of the Civil Judge and JMFC Arakalagudu in Crl.Misc.No.45/2021 initiated by respondent 1 under Section 12 of Protection of Women From Domestic Violence Act 2005  as against the petitioner.

Counsel for the petitioner Mr. M H Prakash submitted that the petitioner has been unnecessarily made a party by the respondent 1 in her application before the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005. It was further submitted that the only allegation found is that respondent 1 suspected her husband to be having illegal relationship with the petitioner and he thought of bringing her to his house therefore the petitioner should not have been made a party in the application filed under Section 12 of the Act as she does not fall within the meaning of respondent as mentioned under Section 2(q) of the Act.

Counsel for respondent 1 Mr. C P Puttaraja submitted that Domestic violence has been committed on the instigation of the petitioner and this is the reason for making her party in the application filed under Section 12 of the Act.

The Court observed that the definition of ‘domestic relationship’ under Section 2(f) and 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. It was further observed that in the instant case the allegation against the petitioner is that the 1st respondent’s husband was suspected to be having 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.

The Court held “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”.[Harini H v. Kavya H, Criminal Petition No. 2148 OF 2021, decided on 17-06-2021]


Arunima Bose, Editorial Assistant has reported this brief.

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