Court quashes woman's plea, says her husband gave time and money to mother

A sessions court in Mumbai has dismissed a plea of a woman challenging a magistrate court order over her complaint against her husband and inlaws observing that a man giving time and money to his mother cannot be considered as domestic violenceAdditional 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 violenceThe 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 compensationShe alleged that her husband got married to her by suppressing the mental illness of his mother and deceived herThe woman also claimed her motherinlaw opposed her job and used to harass her and that her husband and his mother quarrelled with herShe said her husband stayed abroad for his job from September 1993 to December 2004 Whenever he came to India on leave he used to visit his mother and send her Rs 10000 every year He also spent money for his mothers eye operation the woman saidShe also claimed harassment by the other members of her inlaws familyHer inlaws however denied all the allegationsThe man claimed that she never accepted him as her husband and used to level false allegations against himAccording to him he had filed a divorce petition before a family court due to her crueltiesHe also alleged that his wife had withdrawn Rs 2168 lakh from his NRE nonresident external account without any information and purchased a flat with the amountDuring the pendency of the womans plea the trial court magistrate granted her an interim maintenance of Rs 3000 per monthAfter 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 proceedingThe woman subsequently filed a criminal appeal before the sessions courtAfter 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 violenceIt is a matter of record that the applicant is an assistant working in Mantralaya and getting a salary It is revealed from the entire evidence that her grievance is that the respondent her husband is giving time and money to his mother which cannot be considered as domestic violence the court saidCareful reading of the entire evidence of the applicant and respondent number 1husband I am of the opinion that the applicant has miserably failed to prove that she was subjected to domestic violence the judge saidThe court also said held that this proceeding has been initiated only after the issuance of a notice by the womans husband for seeking divorceThe woman was not entitled for any relief under the Protection of Women from Domestic Violence Act it saidThe court further said the argument that the womans daughter is unmarried and therefore maintenance may be awarded to the latter cannot be acceptedI do not think that the applicant is entitled to recover maintenance for major daughter who has an independent remedy available as per provisions of the law the judge saidThe impugned judgment of the trial court does not require interference by the hands of this court the judge addedThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever