Constitution of India, 1950
Article 226—Writ—Domestic violence case—Petition challenging order of Sessions Court allowing appeal and setting aside the order of Metropolitan Magistrate dismissing domestic violence application as against the present petitioner who is the married sister-in-law of first respondent—Petitioner was married prior to the marriage of first respondent and admittedly residing in her own matrimonial house—No subsisting domestic relationship exist between the petitioner and the first respondent and the petitioner could not have been arrayed as respondent in the domestic violence application—Mere visits of petitioner to the shared household being devoid of any permanency is not sufficient and adequate to constitute residence in shared household—Even otherwise considering the pleadings in the applications read with the reliefs, there is no case of domestic violence made out qua the petitioner—Impugned order of Sessions Court is set aside and that of Magistrate is revived—Petition allowed. [Protection of Women from Domestic Violence Act, 2005, Section 12]
[Paras 12, 13, 27 & 28]