Husband giving time and money to mother isn’t domestic violence: Mumbai Court

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In a recent judgment, a local court rejected a plea by a 43-year-old woman seeking action against her husband and his relatives under the Protection of Women from Domestic Violence Act. 

The court stated that the husband’s provision of time and financial support to his mother does not constitute domestic violence. The additional sessions judge, Ashish Ayachit, dismissed the woman’s assertions, labeling them as “vague” and lacking “confidence of truthfulness.”

The court emphasized that the husband’s support for his mother, along with the alleged mistreatment by in-laws, did not meet the threshold for domestic violence. The woman had sought relief under the DV Act, as well as compensation and maintenance for her adult daughter. However, the court noted that the evidence presented failed to establish the woman’s claims of domestic violence.

Examining the case, the court found that the couple, married in 1993, concluded their marriage in 2014 due to cruelty by the woman. 

The judge highlighted the lack of evidence supporting her domestic violence allegations and concluded that she had “miserably failed” to prove the claims. The court also considered the husband’s counterclaims of financial impropriety, involving unauthorized withdrawals from his NRE account.

The legal proceedings included the woman being granted interim maintenance before the magistrate court dismissed her plea upon reviewing the evidence. The judgment underscores the importance of substantiated evidence in domestic violence cases, emphasizing the need for a careful examination of claims before legal action is pursued. (With inputs from agency) 

Joyville