A father-in-law cannot be prosecuted under the Domestic Violence Act solely for failing to rein in the actions of his adult son, the Delhi High Court has held.
Justice Madhu Jain upheld a lower court’s refusal to proceed against a father-in-law, dismissing a petition filed by his daughter-in-law. The court noted that the man played no part in his son’s alleged marital wrongdoing and could not be held responsible simply for not disciplining an adult family member.
The petitioner had initiated proceedings accusing her father-in-law of domestic violence on the grounds that he did not intervene or take measures against her estranged husband, who was allegedly involved in an extramarital relationship.
Absence of Substantiated Allegations
Examining the statutory framework, Justice Jain observed that while Section 3 of the Domestic Violence Act addresses actions that cause or threaten physical, mental, verbal, emotional, or economic harm, the mere existence of a domestic relationship between the parties does not warrant its application.
The court pointed out that the complainant had accused her father-in-law of subjecting her to insults, ridicule, humiliation, and threats, but failed to provide factual evidence to support the claims. Addressing terms such as “insulted,” “shouted,” and “abused,” the bench noted that these represent subjective conclusions rather than concrete facts. In the absence of underlying factual details, such claims do not satisfy the legal threshold for verbal or emotional abuse under Section 3 of the Act.
Commercial Dealings and Domestic Claims
The ruling, delivered in August, also addressed the business ties between the parties, who operated as partners in a firm.
The court clarified that although commercial disputes are not entirely excluded from the reach of Section 3, a complainant must establish the denial of a resource specifically safeguarded under the statute. In this instance, the bench found no indication that the petitioner had been deprived of protected resources, nor did the records disclose any threat of domestic violence attributable to the father-in-law.
