In a significant judgement, the Supreme Court of India underscored the need for caution in implicating family members in domestic violence cases without specific allegations. The apex court, led by Justices B.V. Nagarathna and N. Kotiswar Singh, stressed that the criminal process should not be misused by indiscriminately dragging family members into disputes without clear, specific charges.
The case in question involved a woman who had filed a complaint not only against her in-laws but also against extended family members, including her maternal aunt and cousin. The Telangana High Court had earlier declined to quash the proceedings against these extended family members. However, the Supreme Court reversed this decision, stating that without specific acts attributed to them, implicating these family members could not constitute a criminal act.
The bench noted that in matrimonial disputes, emotions are heightened, leading to potential exaggerations that could unjustly transform domestic disputes into criminal allegations. “When tempers run high and relationships turn bitter, there is also a propensity to exaggerate the allegations, which does not necessarily mean that such domestic disputes should be given the colour of criminality,” the court explained.
The justices highlighted the vital role of the family institution, which they described as the core of human society, built on the foundations of love, affection, and mutual trust. They emphasized that while the law aims to protect survivors of domestic violence, it is equally important to ensure that the criminal process is not misused to rupture family bonds without substantial evidence.
Furthermore, the court pointed out the challenges in providing visible evidence of domestic violence, which often occurs away from the public eye, making it difficult to produce direct proof. The court also remarked on the “very expansive” nature of statutes like the Protection from Domestic Violence Act, 2005, which requires careful judicial handling to ensure that specific allegations are substantiated with credible evidence before proceeding criminally.
