02 Oct 2026 09:31 AM

Domestic Violence -- Domestic Relationship -- Respondents with no averment of shared household cannot be proceeded against

(i) Protection of Women from Domestic Violence Act, 2005, S.2(f) -- Domestic Violence -- Domestic Relationship -- Existence of domestic relationship is the foundation for bringing a person within the Act -- It is enough that the parties have lived together in a shared household at any time in the past -- Application must show some factual basis of such shared living -- Brother-in-law and sister-in-law arrayed on general allegations without any such basis cannot be made respondents. (ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Quashing of Proceedings -- Application Under Section 12 of Domestic Violence Act -- High Court can use inherent power to quash proceedings arising from an application under Section 12(1) -- Strict pleading standards of a civil suit do not apply, but absence of any factual basis for domestic relationship makes continuation of proceedings an abuse of process.

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