Court says vague allegations against aged in-laws cannot sustain proceedings, but husband must continue to face domestic violence case and pay monthly maintenance.
The Karnataka High Court’s Dharwad Bench has partially allowed a petition filed in a domestic violence matter, quashing proceedings against a husband’s parents for lack of specific allegations while upholding interim maintenance of Rs. 7,000 per month awarded to the wife.
Justice Venkatesh Naik T. delivered the oral order in connected criminal petitions arising out of proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the III Judicial Magistrate First Class, Belagavi.
The case was filed by the wife, who alleged that after her marriage on August 21, 2022, her relationship with her husband remained cordial only for a few months before she was subjected to harassment and dowry demands by him and his parents. She also alleged neglect and acts of domestic violence.
The husband and his parents approached the High Court seeking quashing of the proceedings. Their counsel argued that the complaint contained no specific overt acts against the parents-in-law and only made omnibus allegations that they supported the husband. It was further submitted that the parents were elderly retired government officials and had no independent role in the alleged incidents.
After examining the complaint, the High Court found that the allegations were principally directed against the husband and that there were no specific allegations or overt acts attributable to the parents-in-law. The Court held that allowing the proceedings to continue against them would amount to an abuse of the process of law. Accordingly, the proceedings were quashed insofar as the parents were concerned. However, the Court found sufficient material to permit the case to continue against the husband.
On the issue of interim maintenance, the husband challenged the order directing him to pay Rs. 7,000 per month to the wife. He contended that the trial court had not given adequate opportunity to file affidavits of assets and liabilities before fixing maintenance. The wife, on the other hand, maintained that she was unable to support herself and that the husband was employed as an engineer earning Rs. 35,000 per month.
The High Court upheld the maintenance order, observing that the marital relationship was undisputed and that the trial court had rightly considered the relevant circumstances, including the husband’s income and the wife’s inability to maintain herself. The appellate court’s confirmation of the order was also found to be justified.
The Court therefore partly allowed the petition challenging the domestic violence proceedings, dismissed the petition challenging maintenance, and directed the trial court to expedite the matter without unnecessary adjournments.
Bottom Line :
Protection of Women from Domestic Violence Act, 2005 - Proceedings against parents-in-law liable to be quashed where complaint contains only general allegations and no specific overt acts of domestic violence against them - Interim maintenance of Rs.7,000/- to wife upheld where marital relationship is undisputed, wife is unable to maintain herself and husband is stated to be earning Rs.35,000/- per month.
Statutory provision(s): Section 12, Section 23 of the Protection of Women from Domestic Violence Act, 2005, Section 482 of the Code of Criminal Procedure, 1973, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Shri. Ashirwad v. Smt. Rashmi, (Karnataka)(Dharwad) : Law Finder Doc id # 2987121
