DV Act — Relatives Living Separately · 28 August 2026
Salimbhai Abubakarbhai Lakhani v. Aksanabanu Samirbhai Lakhani: Gujarat High Court Quashes DV Case Against Married Sisters Living Separately
High Court of Gujarat · 2026 LiveLaw (Guj) 232; Special Criminal Application No. 12673 of 2023
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A wife married under Muslim rites left the matrimonial home with the couple's two children after marital discord and filed a domestic violence complaint against her husband's family, alleging that he demanded dowry items such as a laptop, watch and mobile phone and that his relatives instigated him. The husband's parents were among the petitioners, but the petition was not pressed as to them; it proceeded for the husband's two sisters. The Court also noted that the wife had earlier filed a maintenance application and complaints under Section 498A IPC and the DV Act against the family, which she withdrew saying matters had been settled through the intervention of elders and community leaders, before filing the present complaint.
Justice A.Y. Kogje observed that the allegations were levelled mainly against the husband, and that the sisters had been married well before the complainant and lived separately, so the question of mental or physical harassment by them did not arise. He quashed the domestic violence proceedings as against the two sisters. The ruling does not concern the husband, against whom the allegations remain.
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