Source: Bombay High Court

Why in News?

Recently, the Bombay High Court in the matter of Mrs. Zeba Mohasin Pathan @ Zeba Easak Pathan & Ors. v. The State of Maharashtra has held that a complaint filed under the provisions of Protection of Women from Domestic Violence Act, 2005 (DV Act) by a mother-in-law against her daughter in law is maintainable

What is the Background of Mrs. Zeba Mohasin Pathan @ Zeba Easak Pathan v. The State of Maharashtra?

• The Petitioner, Zeba, is the daughter-in-law of the Respondent, Afrin.
• Zeba married Mohsin, son of Afrin in May 2016.
• According to Zeba, she was subjected to tremendous ill-treatment and cruelty by her husband and his family.
• She was therefore compelled to lodge a complaint against Mohsin and his family members with the police authorities concerned.
• Complaining of domestic violence in her matrimonial home, she also made an application under the DV Act against her husband, mother-in-law, father-in-law and the brother of her mother-in-law.
• The Respondent filed the application under Section 12 of the DV Act against Zeba, her father and brother seeking relief in the Court of Judicial Magistrate, First Class.
• Thereafter, the court issued summons to Zeba and her family members and who challenged the complaint and summons before the Bombay High Court.
• The High Court set aside the complaint against Petitioner’s family members but held that complaint against Zeba is maintainable.

What were the Court’s Observations?

• Justice Dr. Neela Gokhale observed that while the object and purpose of the DV Act is to protect a woman from domestic violence, it does not confer a right on a mother-in-law to prosecute the father and brother of her daughter-in-law under the DV Act.
• The Court quashed the proceedings against the father and brother, noting that the complainant failed to show any domestic relationship. However, the Court refused to quash the complaint against daughter-in-law, holding that the parties were related by marriage and were family members living together in a joint family,

What are the Relevant Legal Provisions?

DV Act

• It is a social beneficial legislation enacted to protect women from domestic violence of all kinds.
• It provides for effective protection of the rights of women who are victims of violence of any kind occurring within the family.
• The preamble of this Act makes it clear that the reach of the Act is that violence, whether physical, sexual, verbal, emotional or economic, are all to be redressed by the statute.

Section 12 of DV Act

This Section deals with the Application to Magistrate. It states that –

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act.

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent.

Provided that where a decree for any amount as compensation or damages has been passed by any court in favor of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.