Husband’s Extra-Marital Partner Can’t Be Made Respondent in Domestic Violence Act Proceedings.

Last Updated on June 29, 2021 by Administrator

Under section 12 of the Domestic Violence Act, the Karnataka High Court has held that a wife cannot make the woman with whom her husband is having an illegal relationship as a respondent in the application made by her.

Justice Sreenivas Harish Kumar commented:

“Section 2(q) of the Act makes it clear that only those persons who have been in the domestic relationship can be made as respondent. In this case as argued by the petitioner’s counsel, the allegation against the petitioner is that the 1st respondent’s husband was suspected to be having an illegal relationship with the petitioner and he thought of bringing the petitioner to his house. Except this allegation, there are no other allegations against the petitioner which indicate that she too joined with the husband of the 1st respondent in harassing her.

Therefore, the petitioner does not come within the scope of respondent as envisaged under Section 2(q) of the Act. Making her respondent in the application filed under Section 12 of the Act is unwarranted.”

Moreover, since no relief is claimed against the petitioner, the proceedings against her were quashed.

This was done on the basis of section 2(q) which states ‘respondent’ means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act.

By- Arshita.