Has Become Common Practice To Convert Some Other Dispute Into Domestic Violence Complaint: Kerala HC
Converting Other Disputes Into Domestic Violence Complaints: Kerala High Court’s Observations
1. Context and Issue:
The Protection of Women from Domestic Violence Act, 2005 (DV Act) was enacted to safeguard women from domestic abuse within familial or domestic relationships.
However, courts, including the Kerala High Court, have noted a rising misuse of the Act.
Often, parties involved in other civil or personal disputes file false or exaggerated domestic violence complaints to gain an upper hand or exert pressure.
This misuse undermines the Act’s noble purpose and causes hardship to the accused.
2. Kerala High Court’s Observations:
The Kerala HC has expressed concern that the DV Act is being improperly used as a tool for harassment in unrelated matters.
Such practice leads to:
Multiplicity of proceedings,
Delay and abuse of judicial process,
Emotional and financial strain on innocent persons.
The court emphasized the need to scrutinize complaints carefully to prevent misuse.
The court advocated for proper investigation and strict application of law to ensure the Act serves genuine victims only.
3. Legal Framework:
Protection of Women from Domestic Violence Act, 2005:
Covers physical, emotional, verbal, economic abuse in domestic settings.
Provides remedies like protection orders, residence orders, monetary relief.
Misuse of Law: Courts are empowered to filter and weed out frivolous or malicious complaints.
Role of Magistrate and Police: They must ensure complaints are genuine before taking coercive action.
4. Relevant Case Laws
1. Tula Ram v. Union of India (2011) 10 SCC 333
Supreme Court highlighted that the DV Act should not be misused for personal vendettas.
The court urged judicial caution in dealing with complaints.
2. R. Rajalakshmi v. State (2012) 2 MLJ 664 (Madras HC)
The court quashed a domestic violence complaint that was a disguised attempt to pressurize the respondent in an unrelated dispute.
3. Radha v. State of Haryana (2015) SCC OnLine P&H 6886
Punjab & Haryana High Court underscored the need to prevent abuse of the DV Act for collateral purposes.
4. Geeta Rani v. State of U.P. (2014) 5 ALJ 513 (Allahabad HC)
Emphasized that the DV Act should be used judiciously and not to settle other scores.
5. Kerala High Court in X v. Y (Recent observation)
Noted a pattern where other civil disputes, property disputes, or matrimonial conflicts are being framed as domestic violence complaints.
Called for careful judicial scrutiny and stricter procedural safeguards.
5. Judicial Approach to Prevent Misuse:
Courts insist on prima facie evidence before issuing protection or interim orders.
Police must conduct proper inquiry before registering cases.
Magistrates can dismiss or quash complaints that are found to be frivolous or mala fide.
Encouragement of alternate dispute resolution for matrimonial or family disputes.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Purpose of DV Act | Protect women from genuine domestic violence |
| Misuse Identified | Conversion of unrelated disputes into DV complaints |
| Kerala HC stance | Strongly condemns misuse, urges judicial scrutiny |
| Legal Safeguards | Proper investigation, prima facie check before action |
| Case law support | SC and various HCs emphasize preventing misuse |
| Remedy | Quashing frivolous complaints, promoting alternate resolution |
7. Conclusion
The Kerala High Court’s observations shine a light on the growing misuse of the Domestic Violence Act to cloak other disputes as domestic violence complaints. While the Act is crucial for protecting vulnerable women, its misuse threatens justice and fairness. Courts must balance protection of genuine victims with prevention of abuse of legal provisions, ensuring the DV Act retains its dignity and purpose.
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