The Delhi High Court (HC) recently delivered a landmark verdict, ruling that a woman’s father-in-law cannot be held accountable under the Domestic Violence Act merely because he failed to plug the conduct of his adult son. Justice Madhu Jain of the HC made the observation while junking a woman’s plea challenging an order passed by a lower court, which had denied proceedings against her father-in-law over allegations of domestic violence.

The HC held that merely being part of a domestic relationship does not amount to the violations of the provisions of the Protection of Women from Domestic Violence Act, 2005, adding that there must be specific material displaying conduct that caused or threatened physical or mental harm, including verbal, emotional or economic abuse.

“Father cannot control adult son’s conduct”: HC

The woman had alleged that her father-in-law failed to take action against her estranged husband over his alleged involvement with another woman. However, no such material was placed before the HC indicating that the father-in-law had himself played any role in the alleged matrimonial misconduct.

The court remarked, “A father cannot be made liable under the DV (Domestic Violence) Act merely because he did not control the conduct of his adult son.”

Furthermore, the court noted that the woman and her father-in-law were partners in a firm, indicating that they shared a business relationship. It clarified the existence of a commercial dispute does not, by itself, place a matter outside the scope of Section 3 of the Domestic Violence Act.

However, for such conduct to fall within the said Act, the woman must establish that she was denied or threatened with deprivation of a resource protected under the legislation.

Court finds lack of factual basis in allegations

Continuing its statements, the HC said the material placed before it did not establish any threat of domestic violence by the father-in-law. Although the petitioner had alleged that his conduct amounted to ‘insult, ridicule, humiliation or threat,’ the court found that these claims were not supported by specific facts.

Plea against father-in-law trashed

Acting upon the material produced before it, the Delhi HC found no factual basis connecting the father-in-law with the alleged acts of domestic violence. It therefore upheld the lower court’s decision not to proceed against him under the Domestic Violence Act and dismissed the woman’s plea.