Husband Giving Time, Money To Mom, Not Domestic Violence

A sessions court in Mumbai has dismissed a plea of a woman challenging a magistrate court order over her complaint against her husband and in-laws, observing that a man giving time and money to his mother cannot be considered as domestic violence.

Additional sessions judge (Dindoshi court) Ashish Ayachit, in the order passed on Tuesday, also said the allegations against the respondents are vague and ambiguous and there is nothing to prove that they subjected the applicant (woman) to domestic violence.

The woman, who works as an assistant in the 'Mantralaya' (state secretariat), had filed a complaint before a magistrate court under the Protection of Women from Domestic Violence Act for an order seeking protection, monetary relief and compensation.

After recording of evidence of the woman and others, the magistrate court dismissed her plea and vacated the interim directions and reliefs granted to her during the pendency of the proceeding.The woman subsequently filed a criminal appeal before the sessions court.

After perusal of the evidence, the sessions court held that the allegations against the respondents are "vague and ambiguous" and there is nothing to prove that they subjected the woman to domestic violence.

The court also held that this proceeding has been initiated only after the issuance of a notice by the woman's husband for seeking divorce. The woman was not entitled for any relief under the Protection of Women from Domestic Violence Act. The court further said the argument that the woman's daughter is unmarried and therefore maintenance may be awarded to the latter cannot be accepted.