Vague Allegations Not Sufficient For Bringing The Case Within Domestic Violence Act

Facts

1. The petitioner and respondent are family members and are living in same premises. The husband of the petitioner is retired from BSF and she has three daughters namely Urmilla, Anusaya, Gayatri. Two daughters are unmarried and are studying in college.
2. It was further submitted that respondents have made a gang and are quarrelsome persons and whenever daughters of petitioner went to college, the respondents followed and teased them and also did obscene activities in front of them.
3. It was also submitted that husband of the petitioner also made a complaint to Sarpanch of the village against the respondents. As per the directions, the respondents apologized in writing and stopped teasing.
4. After few days, the respondents again started teasing them, so far as for the protection of her daughters she filed a complaint against the respondents under the Domestic violation Act.

Held
Trail court
It was found that respondents and the petitioner have not been living in a share household and the respondents have caused no domestic violence on them. The trail court further held that there was no violence within the household. Hence, the court dismissed the case. Then the petitioner filed an appeal which was later on dismissed by the appellant authority.

High Court
The High Court in this case held that there was absence of fulfillment of the ingredients of domestic violence and it was also found that the petitioner and respondents are not living in share household but are neighbours. There is a vague allegation that respondents are family members.

Supreme Court
The Supreme Court said that the High Court has rightly found that the ingredients of Domestic Violence are totally missing in the whole scenario and that the petitioner and defendants are neighbours. Hence, the Special leave petition filed by the petitioner is dismissed.