- Special Leave Petition (Criminal)..... Diary No(S).34053/2019
- Hon'ble Judges: Justice Indira Banerjee and Justice M.R. Shah
Brief Facts
- The appellant of the present case claimed that she and the Respondents are the family members and have been living in the same premises. The petitioner contended that the respondents would create a group and would follow the Petitioners’ college going daughters, tease them and also did obscene activities.
- Husband of the petitioner complained against the Respondents and the Respondents apologized.
- The petitioner approaches the Supreme Court after the High Court declared that the there was no violence alleged of any kind within the premises of the shared household. Thereafter, they remained normal for some time but afterwards again started those obscene activities. The complaint was under section 17, 18, 19, 20, 21, 22, 23, and 26 of the Protection of Women from Domestic Violence Act, 2005. The appellant’s case was dismissed by the trial court and the High Court.
- While dismissing the petition the High Court has found that the ingredient establishing the domestic Violence charges are wholly absent in this case. The petitioner and the respondent are not persons living together in a shared household. There is a vague allegation that the respondents are family members.
Judgment
The Supreme Court reiterated the High Court’s statement and dismissed the petition as the ingredients of domestic violence was absent in the case as the petitioners and respondents are not persons living in a shared household.
