Kinjal Jayesh Mehta Vs Disha Jimit Sanghvi & Ors as on Dated 14 feb 2024 , Bombay High Court
Para 26. It will be beneficial to refer to the decision of of this Court (Aurangabad Bench) in Criminal application No.4281 of 1999 (Avinash s/o. Rangnath Bhokare vs. State of Maharashtra and Ors), where in the learned Single Judge was considering an application under Section 482 of the Code of Criminal Procedure, 1973, filed by the Applicant which included the married sister-inlaw and has held that it would be sheer abuse of process of law that merely because they sometimes visited their parental house, they were sharing the household with the aggrieved person within the meaning of Section 2(f) of the D.V. Act so as to constitute a domestic relationship as defined under Section 2(f) of the D.V. Act.
Para 27 In view of the discussion above, in my view, there was no subsisting domestic relationship between the Petitioner and the Respondent No 1 and the Petitioner could not have been arrayed as Respondent in the D.V. application. The mere visits of the Petitioner to the shared household being devoid of any permanency is not sufficient and adequate to constitute residence in shared household. Even otherwise considering the pleadings in the applications read with the reliefs, there is no case of domestic violence made out qua the Petitioner.
