Landmark Ruling Bombay HC Defines Limits in Domestic Violence Cases

The Bombay High Court rules that a mother-in-law can file a domestic violence case against her daughter-in-law but not against the daughter-in-law's father and brother

Justice  Neela Gokhale clarifies that the Protection of Women from Domestic Violence Act, 2005, doesn't grant the right to prosecute the daughter-in-law's family

The case involves Rubina (name changed), where her mother-in-law and husband faced domestic violence allegations

Complaints were filed in 2017 under the DV Act, and Rubina's father and brother sought to quash the summons and complaint

The court notes that domestic relations between Rubina's mother-in-law and her father and brother were not established

Allegations of threats and violence were not sufficient to make the father and brother liable under the DV Act

The court quashes the complaint against Rubina's father and brother, emphasizing the need to satisfy other DV Act norms for a complaint against Rubina

The ruling sets a precedent, defining the boundaries of who can be implicated in domestic violence cases under the DV Act

Domestic violence is now considered gender-neutral, and the judgment emphasizes the importance of meeting specific norms under the Act