How This DV case got Quashed, Karnataka High Court Case Study
Domestic Violence Case Quashed for Parents: Karnataka HC Case Study
Background of the Case
The case revolved around a young couple who initially seemed to have a bright future together. The husband and wife resided in Australia after their marriage, which appeared harmonious at first. However, beneath the surface lay a stark contrast of intentions. The wife had allegedly married the husband with the sole purpose of obtaining permanent residency (PR) in Australia. Her actions post-marriage raised questions about her commitment to the marital relationship.
Upon reaching Australia, the wife moved 1,000 kilometers away from her husband, ostensibly for a job. This separation, however, seemed deliberate and not due to marital discord. The husband, sensing her intention to avoid marital responsibilities and misuse the marriage for immigration benefits, took a firm stand. He approached Australian visa authorities, presenting evidence to argue that their marriage was a sham from her side. He contended that the wife had no intention of fulfilling her marital duties and sought the cancellation of her spouse visa.
The wife defended herself by claiming that she was still in touch with her husband and his family, portraying the separation as the husband’s choice. However, she failed to provide any evidence to support her claims. Consequently, the Australian visa authorities canceled her visa. Adding to her woes, the husband secured a divorce decree from an Australian court on grounds of alienation and irretrievable breakdown of the marriage.
Domestic Violence Case Filed in India
After losing her visa and the divorce decree, the wife returned to India and initiated legal proceedings under the Domestic Violence Act. The complaint implicated not just the husband but also his elderly parents, who had been living independently and were barely involved in the couple’s marital life.
The wife alleged domestic violence, hoping to leverage the Indian legal system in a bid to counter the divorce and create pressure on the husband and his family. However, the narrative she presented in her complaint was riddled with contradictions. She admitted that she had lived with the parents briefly, but there were no specific allegations of mistreatment or violence during her stay with them.
Legal Strategy and Arguments
The husband’s legal team, led by me, swiftly filed a petition to quash the domestic violence case against the parents. In 2020, the Karnataka High Court granted an interim stay on the trial, putting the proceedings on hold. The case remained dormant for years, and the prolonged uncertainty weighed heavily on the elderly parents.
Recognizing the need for closure, I mentioned the matter before the High Court to bring it to a logical conclusion. During arguments, I emphasized the following points:
- Counterblast Litigation:
The wife had filed the domestic violence case as a retaliatory move, a counterblast to her visa cancellation and divorce decree. The complaint was an attempt to misuse the legal system in India to harass the husband and his family. - Jurisdiction and Merit:
The alleged incidents of discord took place entirely in Australia. There was no evidence or incident of domestic violence that occurred within India. Thus, the Indian court lacked the jurisdiction to entertain such a claim under the Domestic Violence Act. - Parents’ Innocence:
The husband’s parents had lived separately from the couple throughout the marriage. They were stationed in different locations during the years of the marriage, including stints in Gurugram, Singapore, and Australia. Even during the brief period when the wife stayed with the parents, her own complaint lacked any substantive allegations against them. - No Prima Facie Case:
The wife’s complaint was devoid of any specific or actionable allegations against the parents. It merely named them without outlining any incidents of harassment, abuse, or violence. I argued that dragging elderly parents into frivolous litigation was not only unjust but also an abuse of the legal process.
Court’s Ruling
The High Court, after carefully examining the complaint and submissions, concluded that there was no material evidence to substantiate the allegations against the husband’s parents. It acknowledged the retaliatory nature of the wife’s actions and recognized that the parents were being unfairly targeted. The court quashed the domestic violence proceedings against the parents, providing them relief from years of legal harassment.
For the husband, however, the court held that the matter required a trial. It stated that the allegations against the husband needed to be scrutinized in detail, and such determination could only occur during the trial phase.
Key Takeaways
- Relief for Elderly Parents:
The court’s decision brought much-needed relief to the husband’s parents, who had endured years of legal uncertainty. They were finally free from the false allegations and could move on with their lives. - Accountability for Frivolous Litigation:
The case highlighted how the misuse of legal provisions can lead to unnecessary harassment. Courts remain vigilant to ensure that such misuse does not tarnish the purpose of protective laws like the Domestic Violence Act. - Importance of Evidence:
The wife’s inability to provide concrete evidence significantly weakened her case. It served as a reminder that allegations, no matter how serious, must be backed by credible proof.
Conclusion
This case serves as a testament to the resilience required in combating false allegations. It also underscores the role of the judiciary in safeguarding innocent individuals from legal harassment. While the husband continues to face the trial, the quashing of the case against his parents is a significant victory. It demonstrates that truth and justice can prevail, even in the face of malicious litigation.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at nitish@lexspeak.in or 9891549997
Thanks alot sir for the information… keep doing for innocent male victims
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Removing parent’s name is not much useful because DV is not a criminal case. She will get only compensation from the husband at the end.
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