SUBRAMANIAM Vs. CHITRA

JUDGEMENT

(1.) The Civil Revision Petition is filed to strike off DVA No.2 of 2022. The revision petitioner is the father-in-law of the first respondent/complainant who instituted a domestic violence proceedings in DVA No.2 of 2022 on the file of the Judicial Magistrate Court at Darapuram.

(2.) The learned counsel for the petitioner states that the marriage between the first respondent/complainant and the son of the revision petitioner was solemnised on 17/2/2019 and unfortunately, the son of the revision petitioner died on 19/4/2021. Regarding the settlement of the service benefits of the deceased employee, the revision petitioner claims certain benefits and the first respondent/complainant also claims the service benefits of her deceased husband to be settled in her favour in entirety. That apart, further allegations are also raised with reference to the conduct of the revision petitioner as father-in-law. The learned counsel for the petitioner states that there is no dowry harassment or demand of money from the first respondent complainant and thus, the DV proceeding is not maintainable and is to be striked off. 4.This Court is of the considered opinion that the revision petitioner has mis-construed the scope of the provisions of the Protection of the Women from Domestic Violence Act 2005, Sec. 3 provides definition of domestic violence extracted as under:

(3.) Definition of domestic violence.-For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-