A Mumbai court has dismissed a petition filed by a woman against her husband and in-laws, saying a man giving time and money to his mother cannot be considered as domestic violence.
"The applicant's entire evidence is unbelievable and untrustworthy. She has miserably failed to prove domestic violence," Additional sessions judge (Dindoshi court) Ashish Ayachit said in his order, reported the Live Law.
The woman approached the sessions court after the trial court dismissed her petition in 2015. She had alleged mental and physical cruelty from her husband’s family and had sought protection, residence, monetary relief and monetary compensation for herself and her daughter.
The petitioner alleged that her husband would frequently visit his mother and had paid money for her surgery.
The court, however, noted that the petitioner had purchased a flat after drawing money from her husband’s salary and that she filed a DV case only after he initiated the divorce proceedings.
“She made allegations that respondent No.1 when working abroad during 1996-2004, used to send money to his mother. However, it is clearly revealed from her cross-examination that she had withdrawn amount from NRE account of respondent No.1 and purchased a flat in her name,” the court said.
Judge Ayachit further mentioned in his order that the man had attempted suicide 2-3 times and that he had been granted divorce by a family court on the grounds of cruelty meted out by his wife.
The court also noted that the petitioner’s daughter can seek remedy independently since she is a major.
