Taking an important decision, the Delhi High Court has clarified that in cases of domestic violence only those people can be made accused, who live under the same roof. According to this, if a person stays away from the concerned house, then he cannot be considered an accused.

A bench of Justice Manmeet Pritam Singh Arora explained the domestic violence law and clarified that despite the proximity of any relationship, unless the person concerned remains under the same house or roof, a case of domestic violence cannot be run against them. The bench also stated that the scope of domestic violence is limited only to those who reside together, and separate family members cannot be included in the case.

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The bench dismissed the plea of ​​a woman’s mother -in -law, brother -in -law and Deorani to accused in the case of domestic violence. The court said that the lower court took the right decision and refused to summon the petitioner’s mother -in -law, brother -in -law and Deorani as accused. The High Court has upheld this order.

21 years later, the woman who made the allegation was married in 2001. He claimed that from the second day of marriage, he was tortured for dowry. During this time she gave birth to a daughter, but the family harassment continued to grow. The woman mentioned in her petition that she had separated from her husband long ago, while the mother -in -law and other in -laws were harassing her even by staying in a separate house. In this context, the woman filed a domestic violence case in the Family Court of the Karkardooma court in 2022, but the family court refused to make her mother -in -law, brother -in -law and Deorani accused. This order has been challenged in the High Court.

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Case is going on against husband

The bench said that hearing of other cases including domestic violence is going on against the petitioner woman’s husband, including a living petition. Since the husband was living with him, this matter is made. The bench clarified that according to the Domestic Violence Act 2005, only one householders can be accused of domestic violence. In this situation, the petitioner’s claim to make mother -in -law and other in -laws accused is unfounded. Apart from this, the bench also said that the petitioner himself is admitting that the mother -in -law, brother -in -law and Deorani have been living in a separate house for a long time, so the demand to prosecute them is not appropriate.

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