HC stays Domestic Violence Act proceedings against brothers

The provisions of the Domestic Violence Act can be invoked only when the victim and accused are living under the same roof, the Bombay High Court has said while staying criminal proceedings against two brothers on complaint of their sister.
The observation was made by Justice Roshan Dalvi while hearing a petition filed by two men seeking quashing of a complaint filed against them by their sister under the Domestic Violence Act.
The brothers approached the high court after a metropolitan magistrate initiated criminal proceedings against them on a complaint filed by their sister.
Advocate S V Shinde, appearing for the brothers, submitted a copy of the ration card attached by the sister along with her complaint, which showed that neither of the brothers were residing with her.

Justice Dalvi noted that the brothers were residing in separate houses and hence could not be in any domestic relation with their sister.
"Her ration card shows that both the brothers do not live with her. They are, therefore, not in any domestic relationship with the respondent No 2 (sister). Hence, the provisions of DV Act are not applicable," Justice Dalvi said.

The court, while staying the criminal proceedings initiated against the brothers, said, "Since prima facie the case is made out to quash the complaint under the DV Act itself, the process issued by the metropolitan magistrate would required to be stayed".

The court pointed out that one of the primary requirements of invoking the Domestic Violence Act is that the person against whom the complaint is being filed has to be in a "domestic relationship" by residing in the same household with the complainant. The relation could be by blood relation, marriage, live-in or adoption.
The Protection of Women from Domestic Violence Act, which was brought into force October 2006, apart from wives and live-in partners, also extends protection to sisters and mothers.