India is the country where male dominance has been seen in every stage of life. But as seen from the eyes of Law, the law and order has been more stronger on the side of the women. Thus it does not means to do the misuse of Act.
In Recent Hearing in one of the case law, The Aurangabad bench of Bombay High Court has been expressed concern regarding the misuse of the Protection of Domestic Violence Act against the estranged husband and his family. Basically, this Act can be initiated against those who has been in the Domestic Relationship or has been living together or in the Joint family. But in this case, the aggrieved party has filed against those with whom she was residing and also with the distant relations i.e. those persons who are not residing under one roof to made a pressure on the husband. The HC heard the petition files by the Husband, brother and brothers wife and married sister. Here they contended and presented the evidence in the Court that they are not staying in the Same household and did not share any domestic relationship with the women. Thus, the judge noted all the pointers that was presented in the Court.
It has thus essential that application must plead that there is domestic relationship between the aggrieved person and respondent and their family must be living together or in joint family that complaint should be made under such Act.
Written by- Vedangi Kannav, College name – Vivekanand College Of Law, Semester- V, An Intern under Legal Vidhiya
