Making Husband’s Extra-Marital Partner Party In Domestic Violence Act Proceedings Unwarranted: Karnataka HC

Case Background

• The instant petition was filed by the petitioner challenging the respondent’s application of domestic violence wherein the petitioner was made a party.
• The petitioner is alleged to have an extra marital affair with the husband of the respondent, and that the husband was also intending to bring the petitioner to his home.
• The respondent had filed an application of domestic violence against the husband, and also added the petitioner name as respondent to her suit.

Submissions of the Petitioner

• It was argued that the petitioner because she does not fall under the meaning of respondent as defined in Section 2(q) of the Domestic Violence Act, and therefore, it was unnecessary to make her respondent.
• With respect to the reliefs claimed by the wife, there was no relief claimed by the petitioner.

Submissions of the Respondent

• The respondent wife submitted that she was subject to harassment because of her husband’s illegal relationship with the petitioner.
• She also alleged that it was due to the instigation of the petitioner that her husband had harassed her.

Issues Involved

• Can an extra marital partner be made a party in domestic violence proceedings under Section 12 of the Domestic Violence Act?
• Would an extra marital partner come under the meaning of a respondent under Section 2(q) of the Domestic Violence Act?

Court’s Order

• Justice Sreenivas Harish Kumar said that in order to be a respondent under Section 2(q) of the Act, the person must have been in a domestic relationship with the applicant.
• The Court, therefore, accepted the petition, and held that neither the petitioner cannot be made “Respondent” in this proceeding, nor can she be a subject to any suit under any provisions of the Domestic Violence Act.

What are your views on the Court’s Order?