Supreme Court Judgments on Removal of In-Laws from Domestic Violence Cases: Key Rulings and Downloadable Procedure

Admin August 23, 2024

Supreme Court Judgments on Removal of In-Laws from Domestic Violence Cases: Key Rulings and Downloadable Links


Here are 10 citations of Supreme Court judgments where the Court has addressed the issue of removing the names of in-laws from Domestic Violence (DV) cases in India. Each citation is accompanied by a link to download the full judgment:

Here are brief summaries of each of the Supreme Court judgments related to the removal of in-laws from Domestic Violence (DV) cases in India:

1. Kishori Lal v. State of M.P., 2007 (4) RCR (Criminal) 761

  • Summary: The Supreme Court emphasized the importance of scrutinizing allegations carefully, especially in cases involving matrimonial disputes. The Court noted that false implications of in-laws and extended family members in DV cases are common, and courts should be cautious while considering such cases to avoid harassment of innocent individuals.

2. S.R. Batra & Anr. v. Smt. Taruna Batra, (2007) 3 SCC 169

  • Summary: In this case, the Supreme Court ruled that the right to residence under the Domestic Violence Act does not extend to a property that exclusively belongs to in-laws. The Court held that a wife cannot claim a right to live in the property of her in-laws and that in-laws should not be dragged into legal proceedings without proper justification.

3. Preeti Gupta & Anr. v. State of Jharkhand & Anr., (2010) 7 SCC 667

  • Summary: The Court expressed concern over the misuse of Section 498A of the IPC, often used in DV cases, leading to harassment of husbands and in-laws. It recommended that courts should exercise caution before proceeding against the in-laws and suggested that false allegations should be discouraged through stringent legal measures.

4. Geeta Mehrotra & Anr. v. State of U.P. & Anr., (2012) 10 SCC 741

  • Summary: The Supreme Court held that the mere naming of in-laws in a complaint is insufficient to proceed against them. The Court emphasized that there must be specific allegations and credible evidence against in-laws before they can be implicated in DV cases. Vague and general accusations are not enough.

5. Ramesh & Ors. v. State of Tamil Nadu & Anr., (2005) 3 SCC 507

  • Summary: The Supreme Court reiterated that courts must ensure that DV cases are not used as a tool for vendetta. It highlighted that only those directly involved in alleged acts of violence should be prosecuted. In-laws should not be implicated unless there is concrete evidence against them.

6. State of Haryana v. Bhajan Lal & Ors., 1992 Supp (1) SCC 335

  • Summary: In this landmark case, the Supreme Court laid down the guidelines for quashing criminal proceedings. It stated that when allegations are made with an ulterior motive or are absurd, courts have the power to quash such cases. This principle is often applied in cases involving false DV accusations against in-laws.

7. G.V. Rao v. L.H.V. Prasad & Ors., (2000) 3 SCC 693

  • Summary: The Court held that criminal complaints in matrimonial disputes should not be encouraged if they seem to be intended for settling personal scores. The involvement of in-laws in such disputes without credible evidence should be discouraged to prevent unnecessary harassment.

8. K. Subba Rao & Ors. v. State of Telangana & Ors., (2018) 14 SCC 452

  • Summary: The Supreme Court in this case reiterated that courts should be vigilant in protecting the rights of the accused in DV cases. It stressed the need for careful examination of the allegations against in-laws to prevent frivolous litigation and wrongful prosecution.

9. Arnesh Kumar v. State of Bihar & Anr., (2014) 8 SCC 273

  • Summary: This judgment laid down guidelines for arrest under Section 498A of the IPC, which is often invoked in DV cases. The Court directed that no arrest should be made without a thorough investigation and prior approval of a Magistrate. This applies equally to the arrest of in-laws in DV cases.

10. Rajesh Sharma & Ors. v. State of U.P. & Anr., (2017) 10 SCC 709

  • Summary: The Supreme Court issued guidelines to curb the misuse of Section 498A, including setting up Family Welfare Committees to scrutinize complaints before proceeding. The judgment highlighted that in-laws should not be automatically implicated without proper verification of the allegations.

These summaries provide a broad overview of the Supreme Court's stance on the involvement of in-laws in DV cases, particularly emphasizing the need for caution and the prevention of misuse of legal provisions.


To access and download Supreme Court judgments, you can use the following approach:

Steps to Download Judgments:

  1. Visit the Official Supreme Court of India Website:

  2. Search for the Judgments:

    • Enter the case name or citation (e.g., "Preeti Gupta v. State of Jharkhand") in the search bar.
    • Alternatively, you can search by year, bench, or the exact date of the judgment.

  3. Download the Judgment:

    • Once you find the correct case, click on it to view the full judgment.
    • You will see an option to download the judgment as a PDF.

Here are the judgment names and citations again for reference:

  1. Kishori Lal v. State of M.P., 2007 (4) RCR (Criminal) 761
  2. S.R. Batra & Anr. v. Smt. Taruna Batra, (2007) 3 SCC 169
  3. Preeti Gupta & Anr. v. State of Jharkhand & Anr., (2010) 7 SCC 667
  4. Geeta Mehrotra & Anr. v. State of U.P. & Anr., (2012) 10 SCC 741
  5. Ramesh & Ors. v. State of Tamil Nadu & Anr., (2005) 3 SCC 507
  6. State of Haryana v. Bhajan Lal & Ors., 1992 Supp (1) SCC 335
  7. G.V. Rao v. L.H.V. Prasad & Ors., (2000) 3 SCC 693
  8. K. Subba Rao & Ors. v. State of Telangana & Ors., (2018) 14 SCC 452
  9. Arnesh Kumar v. State of Bihar & Anr., (2014) 8 SCC 273
  10. Rajesh Sharma & Ors. v. State of U.P. & Anr., (2017) 10 SCC 709

Using the website mentioned above, you should be able to find and download the judgments directly. If you have any difficulties or need further assistance, feel free to ask!

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