Domestic violence case doesn’t hold against kin if couple is estranged

There will be no case of domestic violence against parents and kin of men living separately from their wives, Delhi high court has said.

“A domestic relationship arises between two persons who have lived together in a household or in a joint family, not with those who have lived with the couple for some time,” justice SN Dhingra said.

“Somebody can be named a party in the dispute if the domestic relationship has continued and parties have lived together in a shared household. However, if the relationship does not continue or has been in the past, not the present, a person cannot be made the party on the ground of a past relationship,” the court said.

The court was hearing a petition from the parents and brother of Arun Grover, challenging a trial court order to give the Grover’s estranged wife Rs50,000 maintenance and a house to live.

“Once a son marries, makes his separate home and sires children, the burden of his wife cannot be put on his father or brother if he and his wife are estranged. This burden has to be borne by him, not by parents or brothers or sisters, unless and until he has been contributing to the joint family or has a right of deriving benefits from the family,” the court said, while setting aside the trial court order.