Domestic Violence: Court has to be prima facie satisfied that there have been instances of violence before issuing notice in the complaint: SC

A very important message and judgment is passed by the Supreme Court with respect to random notices in the cases of domestic violence only on the word of a woman. The apex Court observed that, before issuing notice in a grievance claiming domestic violence, the court has to be prima facie assured that there have been instances of domestic violence.

In the case of Shyamlal Devda v. Parimala, the wife had made allegations of domestic violence against her husband and thirteen other relatives of his husband including his parents.

The comprised of Justice R. Bhanumathi, Justice AS Bopanna and Justice Hrishikesh Roy. The bench noted that as far as husband and parents-in- are concerned, there are assertions of alleged domestic violence. They have taken away the jewelry of the respondent gifted to her by her father during her marriage and alleged acts of harassment to the respondent. The bench also said that there were no specific pieces of against other relatives causing domestic violence and therefore a criminal case of domestic violence cannot be sustained against them.

The court, with respect to the jurisdiction, also noted that a plain reading of the provisions of the Domestic Violence Act makes it clear that the petition under the act can be lodged in a court where the aggrieved person permanently or temporarily resides or carries on business or is employed.


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