Sandhya Wankhede vs. Manoj Bhimrao Wankhede

This issue has often remained a controversial one as Section 2(q) of the Domestic Violence Act defines “respondent” as any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

In view of the definition of the term respondent covering adult male person, the judiciary has time and again been confronted with the argument that an aggrieved person can file complain under the Domestic Violence Act against an adult male person only and not against the female relatives of the husband i.e. mother-in-law, sister-in-law.

However, the Supreme Court in the aforementioned case put to rest the issue by holding that the proviso to Section 2(q) does not exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act. Therefore, complaints are not just maintainable against the adult male person but also the female relative of such adult male.

Wife cannot implicate one and all in the Family

Case name: Ashish Dixit vs. State of UP & Anr.

In this case, the Supreme Court has held that a wife cannot implicate one and all in a Domestic violence case. In this case, the complainant apart from arraying the husband and in-laws in the complaint, had also included all and sundry as parties to the case, of which the complainant didn’t even know names.

Supreme Court on Duty of Courts while deciding Cases under Domestic Violence Act

Case name: Krishna Bhatacharjee v. Sarathi Choudhury and Another

The Apex Court while elucidating on the duty of courts while deciding complaints under the Domestic Violence Act stated that:

It is the duty of the Court to scrutinise the facts from all angles whether a plea advanced by the respondent to nullify the grievance of the aggrieved person is really legally sound and correct.

The principle “justice to the cause is equivalent to the salt of ocean” should be kept in mind. The Court of Law is bound to uphold the truth which sparkles when justice is done.

Before throwing a petition at the threshold, it is obligatory to see that the person aggrieved under such a legislation is not faced with a situation of non-adjudication, for the 2005 Act as we have stated is a beneficial as well as assertively affirmative enactment for the realisation of the constitutional rights of women and to ensure that they do not become victims of any kind of domestic violence.

Husband’s Obligation to Maintain Wife under Domestic Violence Act

Case name: Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and ors.

It was held in this case, that when it comes to maintenance of wife under the Domestic Violence Act read with the Hindu Adoption and Maintenance Act, 1956 it is the personal obligation of the husband to maintain his wife. Property of mother-in-law can neither be subject matter of attachment nor during the life time of husband can his personal liability to maintain his wife be directed to be enforced against such property.

Maintenance of Mother under the Domestic Violence Act

Case name: Ganesh S/o. Rajendra Kapratwar, Abhijeet Vs. The State of Maharashtra

The Bombay High Court in an application preferred by the mother for maintenance and medical expenses under the and medical expenses under the Domestic Violence Act and the Hindu Adoptions and Maintenance Act, 1956 against her son and grandsons has held that:

“Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided their father had not been alive and not capable of paying maintenance.”

Retrospective application of the Domestic Violence Act

Case name: V.D. Bhanot Vs. Savita Bhanot

In the case, the Apex Court upheld the Delhi High Court’s view that “even a wife who had shared a household before the Domestic Violence Act came into force would be entitled to the protection of the Domestic Violence Act”.

Hence, the Domestic Violence Act entitles the aggrieved person to file an Application under the Act even for the acts which have been committed prior to the commencement of the Domestic Violence Act.

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