Man Giving Financial Support To Mother Not Domestic Violence: Mumbai Court

On Tuesday, a sessions court in Mumbai dismissed a plea filed by a woman challenging the magistrate court order over a complaint against her husband and in-laws. The court observed that a man giving time and financial support to his mother cannot be considered as a case of domestic violence.

Sessions judge Ashish Ayachit described the allegations raised against the husband and the in-laws as vague and ambiguous. Due to the absence of any substantial evidence proving the applicant was subjected to domestic violence, the plea was dismissed.

The woman had filed the complaint before a magistrate court under the Protection of Women from Domestic Violence Act to seek protection, monetary relief and compensation.

The woman alleged that her husband had kept his mother’s mental illness a secret from her. She claimed that her mother-in-law had opposed her job, harassing her.

She stated that her husband, who used to work abroad from September 1993 to December 2004, would visit his mother to give her 10,000 rupees every year. Alleging harassment by other members of her in-laws, she stated that the husband had also spent money for his mother’s eye operation.

However, the in-laws have denied the allegations.

The husband claimed that the woman had never accepted him as her partner and would often level false allegations against him. He had filed for divorce, alleging that the wife had withdrawn 21.68 lakh from his non-resident external (NRE) account and purchased a flat without informing him.

The magistrate court struck down the reliefs granted to her, including an interim maintenance of a monthly 3,000 rupees, when her plea was pending. The woman proceeded to file a criminal appeal before the sessions court.

However, the court rejected her appeal along with her argument for awarding maintenance to her unmarried adult daughter, upholding the trial court’s judgement.

Previously, the Bombay High Court had expressed its concerns regarding the increasing cases of estranged wives misusing the provisions within Protection of Women from Domestic Violence Act, 2005 to file cases against their husbands and family members, sometimes even relatives.