In a recent domestic violence case filed by the wife against the husband an interim relief of maintainance was denied by the court on following facts:

Wife Allegations:

Husband and his family used to taunt the wife for dowry and demand dowry. they used to treat wife with cruelty and they forced her to was the utensils as a part of cruelty. During pregnancy also they used to treat the wife with cruelty. On one occassion he used to press the neck of the wife and attempted to kill her for which she filed a NC in police station wherein the husband apologised and promised not to repeat the act. The husband used to lock the wife in a room. He took away all the streedhan article and did not took care of the wife during 2nd pregnancy.

Husband Reply

The husband denied all allegations of domestic violence and contended that the wife was in adulterous relationship and that is the reason she filed false complaints. She is short tempered even her sister has filed a complaint/FIR against her. She did not replied to the legal notice in which the husband contended adulterous relationship.

Court Observation

The photos and documents produced by the respondent is not the proof of adultery but same is true that the complainant remained mum on issuance of legal notice by the husband alleging adultery which is not the conduct expected from a prudent person.

She has suppressed the extramarital affair and also she has not produced any convincing material to prove domestic violence at a prima facie level

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997