CAN A DOMESTIC VIOLENCE COMPLAINT BE MADE AGAINST AN EXTRA-MARITAL PARTNER OF THE HUSBAND/PARTNER? The Karnataka High Court in its recent judgment in Smt Harini H v. Smt Kavya H @ Sangeetha & Ors observed that a complaint by a wife under the Protection of Women from Domestic Violence Act, 2005 is not maintainable against the extra marital partner of the husband. The verdict has opened a debate on who all can be hauled up by an aggrieved woman under the Domestic Violence Act (DV Act) for subjecting her to domestic violence. The Court further observed that a ‘girlfriend, ’ and for that matter an extra-marital partner, cannot be construed as a relative of the husband to invite prosecution under Section 498A of IPC. It is thus clear that an extra-marital partner cannot be construed as being a relative of the husband or the male partner of a woman, and thus would not fall within the definition of ‘respondent’ under clause (q) of Section 2 of the DV Act so to invite a complaint against them, though there may be remedies available under other laws. Reddy and Reddy law firm has expertise in litigation matters. They have a team of experienced professional ready to assist you in family law related disputes.
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