The Supreme Court of India is set to delve into a complex legal quandary concerning the inclusion of a married sister-in-law in a domestic violence case. This comes in response to a plea filed by an aggrieved woman challenging the discharge of her sister-in-law by the Bombay High Court.

The crux of the matter lies in whether a married sister-in-law, residing in her own matrimonial home but frequently visiting the shared household of her brother, can be implicated in a domestic violence case. The petitioner, who serves as the informant in this case, raised objections against the discharge of her sister-in-law by a magistrate, a decision later upheld by the High Court.

The contention arises from the fact that although the sister-in-law maintains her own residence, she reportedly spends significant time at the shared household of the petitioner. The petitioner argues that despite her marital status and separate abode, her sister-in-law's regular presence in the shared household warrants her inclusion in the case.

Citing precedent, the petitioner's counsel refers to a previous Supreme Court judgment in the case of Prabha Tyagi Vs Kamlesh Devi (2022). They assert that the mere fact of the sister-in-law's marital residence should not preclude her from being considered a party if her frequent visits establish a significant presence in the shared household.

However, the High Court, in its ruling, concluded that the sister-in-law's visits lacked the necessary permanency to be considered as residing in the shared household. It maintained that there was no substantiated case of domestic violence against her.

Now, with the Supreme Court stepping in to examine the matter, a pivotal legal question hangs in the balance. The bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra has issued notice to the sister-in-law, seeking her response within four weeks.

Case: DISHA JIMIT SANGHVI vs. KINJAL JAYESH MEHTA & ANR,

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3772/2024.

Click to read/download order.