Protection of Women from Domestic Violence Act, 2005
Sections 3 & 12—Domestic violence—Petition to quash proceedings—No time, date and particulars with regard to alleged harassment made by petitioner/fifth respondent are given and only vague and omnibus allegations are made against petitioner—As per the provisions of the Domestic Violence Act, which is quasi civil in nature, aggrieved person who is in domestic relationship in a shared household at some or the other point with the respondent or petitioner whomsoever, shall only come under the purview of the said Act for the purpose of domestic violence—Petitioner who is the sister-in-law of second respondent resides in America and it is nowhere established that petitioner and second respondent have ever resided in a domestic relationship and lived together in a shared house either singly or along with husband of second respondent at any point of time—Ingredients of offences under the Domestic Violence Act are not made out—Proceedings against petitioner/fifth respondent are liable to be quashed—Petition allowed.
[Paras 9 & 10]
Decision : Petition allowed