Anyone who has not shared the same roof with the complainant cannot be made respondent in the DV case. Even if you have brought your girlfriend home for a few days, she cannot be made a respondent..cos she is not a relative of the husband...
Please refer below:
In the case of Harbans Lal Malik & Ors. Vs. Payal Malik reported in II (2010) DMC 202 DHC wherein in para No.11 & 12 it is observed that;
“It is apparent that in order to make a person as respondent in a petition under section 12, their must exist a domestic relationship between the respondent and the aggrieved person, if there is no domestic relationship between the aggrieved person and the respondent, the court of MM cannot pass an order against such a person under the Act. Domestic relationship is defined under section 2(f) of the Act and is as under;
“domestic relationship’ means a relationship between two person who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together in joint family.
It is apparent that domestic relationship arises between the two persons who have lived together in a share household and when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members, living together as a joint family. The definition speaks of living together at any point of time, however, it does not speak having relation at any point of time, thus if the domestic relationship continued and if the parties have lived together at any point of time in a shard household, the person can be a respondent, but if the relationship does not continue and the relationship had been in the past and is not in the present, a person cannot be made respondent on the ground of a past relationship. The domestic relationship between the aggrieved person and the respondent must be present and alive and at the time when compliant under domestic violence Act is filed and if this relationship is not alive on the date when the complaint is filed, the domestic relationship cannot be said to be there”
You may file an application in the High Court u.s 482 CrPC and ask for quashing the summoning order of the magistrate..
She cannot file 498A also based on this allegation. She can only file divorce based on cruely grounds.
Vikram
