SC quashes DV complaint against 11 members of husband's family

The Supreme Court on Wednesday quashed criminal proceedings initiated against 11 members of a family, roped in as accused by a woman in her domestic violence complaint filed in a Bengaluru court, saying there were no specific allegations them.

A bench of Justices R Banumathi, A S Bopanna and Hrishikesh Roy, however, rejected a contention by advocate Balaji Srinivasan on behalf of the husband against the filing of the complaint before a metropolitan court in Bengaluru.

The court cited the provisions of the Protection of Women from Domestic Violence Act to point out the petition under Act can be filed in a court where the “person aggrieved” permanently or temporarily resided or carried on business or was employed.

The top court, however, partly allowed his plea against the Karnataka HC order of February 18, 2019, and quashed the complaint against 11 members of the family.

In the case, the couple got married on May 1, 2006, in Rajasthan. After marriage, the woman resided with the husband in her matrimonial home at Chennai, along with the parents-in-law.

In April 2014, the couple went to Bengaluru from Chennai to attend her sister's wedding. Though the husband returned back to Chennai, the woman stayed back. Subsequently, she refused to come back to Chennai, forcing the husband to file a plea for restitution of conjugal rights in a Chennai court.

With a view to harass the family members of her husband, the woman named 14 relatives who were residents of Rajasthan, Gujarat and other relatives in Chennai as accused in an abuse of the process of the Court, the counsel said.

"In so far as the husband and parents-in-law, there are allegations that they have taken away her jewellery, gifted by her father during the marriage. There are no specific allegations as to how other relatives of husband have caused the acts of domestic violence," the bench said.