Mumbai: The Bombay High Court has said that a wife cannot implicate distant relatives of her husband in a domestic violence case.

Two petitioners, a senior citizen, and his wife had approached the court for setting aside the process issued against them by judicial magistrate first class at Panvel under the Protection of Women from Domestic Violence Act. This was initiated by the wife of their nephew.

“Since the undisputed fact is that the present petitioners had not at any point of time lived in a shared household, the domestic relationship between the petitioner (senior citizen and his wife) and respondent No. 2 (the wife of their nephew) is not established and therefore the allegation about the domestic violence against the petitioners is not sustainable,” Justice Bharati H Dangre said.

In March 2013, the wife has approached the court after a domestic brawl between her, the husband and the in-laws. She alleged harassment and accused them of demanding dowry. She claimed that the senior citizens, who were her husband’s uncle and aunt used to be present when she was being subjected to harassment.

She had sought protection orders from the court by filing an application and invoking provisions of the Domestic Violence Act, 2005.

Justice Dangre said, “The complaint reflects an exaggerated version and the application is conspicuously absent as regards the manner in which the petitioners subjected the respondent No. 2 to harassment or cruelty or any abuse, which would fall within the preview of the provisions of the Domestic Violence Act, 2005”.