Whether court can direct Neighbor of husband to pay maintenance to wife in Domestic Violence Act?
The applicant herein is original opponent
No.6 in Criminal Misc.Application No.317 of
2013 before the Judicial Magistrate, First
Class, Visnagar. Such application was
preferred by present respondent No.1 being
wife under the provisions of Domestic
Violence Act, 2005 against her husband and
in-laws being respondents No.4 to 7. Whereas,
present applicant was joined as respondent
No.6 being their neighbour. In addition to
different allegations, one of the allegation
is regarding relationship between respondent
No.3 – husband of the original applicant with
present applicant. However, while dealing
with the provisions of Domestic Violence Act,
the law is now well settled that provisions
of such Act is applicable to the husband and
in-laws only and not upon any other persons
including the person with whom either of the
spouse is in relationship so also neighbour
or any other person. Therefore, to that
extent, the proceedings against the present
applicant under the Domestic Violence Act is
not only unwarranted, but unjustified and
illegal and therefore, any order against the
present applicant under the Domestic Violence
Act by wife of some person with whom atleast
on the date of filing of complaint till any
order is passed, if there is no relationship
between such third person and the husband or
spouse, then, any such order under Domestic
Violence Act against third person becomes
nullity and it needs to be quashed and setaside.
Therefore, in the present case, when original
complainant has categorically disclosed the
present applicant as their neighbour only,
any direction or order, more particularly
order granting maintenance in favour of the
original complainant is unwarranted and needs
to be quashed and set-aside.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 43 of2016
SUTHAR RAMILABEN SITARAM..
Versus
RAJPUT BHAVANABEN D/O CHAMANJI JAVANJI & 6...
CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 13/06/2016
https://www.lawweb.in/2016/06/whether-court-can-direct-neighbor-of.html
