Lawstreet Journal

Single Bench Of Karnataka High Court Observes That No Proceeding Can Be Initiated Against Husband’s Extra Marital Partner Under Section 12 Of Domestic Violence Act

Lawstreet Journal 3 Jul 2021 1:23am

Image courtesy: Lawstreet Journal Judiciary Single Bench Of Karnataka High Court Observes That No Proceeding Can Be Initiated Against Husband’s Extra Marital Partner Under Section 12 Of Domestic Violence Act

A single bench of the Karnataka High Court of Justice Sreenivas Harish Kumar has held that husband’s extra- marital partner cannot be made a respondent under proceedings initiated by the wife under Section 12 Domestic Violence Act, 2005.

The petitioner, represented by Advocate M.H. Prakash, submitted that the he has been unnecessarily made a party by the wife in her application before the Magistrate under Section 12 of the Protection for Women from Domestic Violence Act, 2005.

The petition further submitted that husband’s extra-marital partner does not fall within the meaning of respondent under Section 2(q) of the Act and therefore, no proceeding can be initiated against her under Section 12 of the Domestic Violence Act, 2005. 

Advocate M.H. Prakash further contended that the relief claimed in the application made under Section 12 of the Act does not claim relief against the petitioner and therefore, the proceedings against her required to be quashed.

Justice Sreenivas Harish Kumar while hearing the petition, observed, “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.” 

Furthermore, Justice stated that "Except this allegation ,there are no other allegations against the petitioner which indicate that she too joined with… Continue Reading...


Tagged: Karnataka high court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com