Man Giving Money, Time To His Mom Is Not Domestic Violence: Mumbai HC

On February 13, a sessions court in Mumbai stated that a man giving money and time to his mother cannot be considered domestic violence. It made this judgement while dismissing a woman's petition alleging domestic violence at the hands of the husband and in-laws. The woman had earlier approached the magistrate court. But after her plea was dismissed, she filed a petition at the sessions court. 

 As per the reports, the Additional Sessions Judge (Dindoshi court) Ashish Ayachit said in the order that the charges of domestic violence that the woman imposed on her husband and in-laws were "vague and ambiguous". The court added that there is no evidence that the respondents subjected the appellant to domestic violence. 

The woman works as an assistant at the Mantralaya (state secretariat). She earlier filed a complaint at the magistrate court under the Protection of Women from Domestic Violence Act claiming monetary relief, protection and compensation.  

Allegations made by the woman

She alleged that her husband hid the mental illness of his mother and deceived her. She also claimed that her mother-in-law harassed her and didn't let her do her job. Her husband and his mother used to pick quarrels with her. The woman further said that the husband stayed abroad for a job from September 1993 to December 2004. During that duration, whenever he came back, he used to give Rs 10,000 to his mother every year. He also spent money on his mother's eye operation. She concluded by saying that other members of the in-laws' family also harassed her.

However, the husband and the in-laws of the woman denied all the allegations. 

The husband said that the woman never accepted him as her husband and imposed false allegations on him. He had even filed for a divorce at a family court alleging his wife of cruelty. 

He also revealed that the woman had withdrawn 21.68 lakh from his NRE (non-resident external) account without informing him and bought a flat with the amount. 

Magistrate court's order

The magistrate court allowed interim maintenance of Rs 3,000 per month to the woman until her petition was pending in the court. However, this direction was withdrawn by the court after it recorded the evidence in the case. The court also dismissed her plea of seeking benefits under the Domestic Violence Act. 

The sessions court's judgement

Unsatisfied by the judgement of the magistrate court, the woman filed a criminal appeal at the sessions court. However, the sessions court denied interfering with the order of the magistrate court. 

The court in its order said, "It 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." 

"Careful reading of the entire evidence of the applicant and respondent number 1(husband), I am of the opinion that the applicant has miserably failed to prove that she was subjected to domestic violence," the judge further added. 

The court also observed that this proceeding began only after the woman's husband issued a notice seeking divorce. The woman, thus, doesn't qualify for relief under the Domestic Violence Act. 

The woman had also argued that her daughter was unmarried so maintenance should be granted to her daughter. But the sessions court denied it saying, "I 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."