New Delhi, Nov 3 A Delhi court has dismissed a woman's domestic violence complaint against her husband and in-laws, saying merely making allegations of abuse is not sufficient and she must prove at least some act of domestic violence to be entitled to relief under the law.
Judicial Magistrate Rishika Srivastava was hearing a petition filed by the woman under the Protection of Women from Domestic Violence Act against her husband, parents-in-law and other members of his family.
In a judgment dated October 28, the court said, "It is the burden of the petitioner to prove the commission of at least some act that falls within the aforesaid definition in order to be considered an 'aggrieved person'. Mere averment in this regard is not sufficient."
It said the definition of domestic violence under the law was expansive, but the burden was on the petitioner to prove that she had been subjected to at least some act falling within its ambit. Mere averment in this regard is not sufficient," the court said, adding that since the woman had not led any evidence in support of her claims, her allegations remained unsubstantiated and unproved.
The woman had alleged that she was subjected to physical, sexual and emotional abuse, dowry-related harassment and threats during her marriage. She also accused her husband of threatening to circulate her obscene photographs and demanding Rs 35 lakh from her father.
She had sought protection and residence orders, monthly maintenance of Rs 40,000 and Rs 50 lakh as compensation for the alleged mental torture, emotional distress and sexual violence.
Appearing for her husband, parents-in-law and other members of his family, advocate Manish Bhadauria denied the allegations and claimed that the dispute had been settled for Rs 10 lakh in January 2021. It was submitted before the court that the woman was earning over Rs 75,000 per month and had voluntarily left the matrimonial home after taking her belongings.
The court noted that the woman was given three opportunities to lead evidence but failed to file her evidence affidavit or take steps to present her case. Her right to lead evidence was consequently closed on September 26 this year.
It further observed that even though one of the respondents had proceeded ex parte, the burden was still on the woman to prove her case on its own merits and she could not merely rely on the weakness of the defence.
The court held that the allegations of domestic violence against the husband and father-in-law remained unproven and dismissed the petition.
