Realization Of Insurance Amount Due To Two Different Claimants Not ‘Economic Abuse’ Under Domestic Violence Act: Patna High Court

The Patna High Court held that the realization of the insurance amount due to two different claimants cannot be said to be an ‘economic abuse’ under Section 3(d)(iv) of the Protection of Women from Domestic Violence Act, 2005 (DV Act).

The Court held thus in a Criminal Miscellaneous Case in which an Application was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking to set aside the entire proceeding, including the Order under Section 12 of DV Act.

A Single Bench of Justice Chandra Shekhar Jha observed, “This Court is also of the view that, like the NPS amount as aforesaid, the realization of the insurance amount due to two different claimants cannot be said to be an ‘economic abuse’ in view of section 3(d)(iv) of the Protection of Women from Domestic Violence Act, 2005, because the dispute in issue may be decided by way of civil litigation for which the present prosecution is completely unwarranted, unoccasioned, and was initiated out of ulterior and oblique motive.”

Advocate Rashmi Jha appeared for the Petitioners while Senior Advocate Shekhar Singh appeared for the Opposite Parties.

Factual Background

As per the prosecution case, the Complainant entered into matrimony with the deceased (son of the Petitioner) in the year 2016. It was alleged that subsequent to the marriage, the Complainant was subjected to cruelty and harassment in connection with unlawful demands for dowry. The Complainant alleged that after the demise of her husband in the year 2022, the Petitioners shifted to the residential flat and kept in their possession all the documents like insurance paper, property documents, etc.

She further alleged that due to assault and torture, she was living in her parent’s house. Hence, a Complaint was filed by her seeking redressal of the grievances. The Petitioners were the mother-in-law, brother-in-law, and sister-in-law of the Complainant. They approached the High Court seeking release of the NPS (National Pension System) amount and other death benefits of the deceased, for the purpose of adjustment towards the outstanding home loan liability availed for the purchase of a flat in 2016.

Reasoning

The High Court after hearing the contentions of the counsel, remarked, “The present case exemplifies the gross misuse of the provisions of the Protection of Women from DV Act, wherein the law is being invoked as a tool to harass the in-laws and to settle collateral disputes, despite the availability of other efficacious legal remedies.”

The Court further took note of the fact that the Petitioner no. 01 is a senior citizen and the mother of the deceased husband of the Complainant/Opposite Party no. 02. It added that by lodging the Petition, in fact, she was traumatized by initiating this prosecution, which was brought by the legislative for welfare purposes.

“This case appears to be filed prima facie without any domestic relationship, as it transpires from the complaint of the complainant itself, and it is a fight for only property and money”, it said.

The Court also emphasised that it is the duty of the High Court to take such abuse and misuse of protective welfare legislation, which was used by the Complainant against Petitioners as a legal weapon.

“Such misuse of legal provisions, amounting to legal harassment, cannot be permitted to perpetuate under the guise of lawful process”, it concluded.

Accordingly, the High Court allowed the Application and quashed the case against the Petitioners.

Cause Title- Raj Lakshmi Mishra & Ors. v. The State of Bihar & Anr. (Case Number: CRIMINAL MISCELLANEOUS No.14357 of 2024)

Appearance:

Petitioners: Advocates Rashmi Jha and Prashant Kumar.

Opposite Parties: Senior Advocate Shekhar Singh, APP Brajendra Nath Pandey, Advocates Sumit Kumar, Avinash Kr. Singh, and Prasoon Shekhar.

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