Mumbai: Court Dismisses Domestic Violence Plea After Woman's 2009 Remarriage Comes To Light

Mumbai: A metropolitan magistrate court has dismissed a complaint filed by a woman seeking compensation under domestic violence laws, noting that she had married another person the same year the complaint was filed, which was 2009.

The woman married the respondent in March 2005 through an arranged marriage. She alleged that within 15 days of the marriage, her husband left for Uttar Pradesh without informing her. She further claimed that he had concealed the fact that he was already married to a woman in his native village.

According to the complainant, when she confronted him about his earlier marriage, he abused her and physically assaulted her with a rod. She also alleged that the husband’s first wife would later visit Mumbai and abuse and assault her. Due to the continued harassment, the woman went to stay at her parents’ house in Bandra. She stated that after about a month, her husband came to her parents’ house and took her back to the matrimonial home, but the violence continued.

As a result, she lodged a police complaint. The husband denied all allegations and claimed that he had divorced the woman. He argued that since the applicant had left the matrimonial home, there was no question of neglect or refusal to maintain her. He further contended that during cross-examination, the woman admitted that he had given her talaq in 2008.

The husband also produced documents showing that the woman had remarried on December 17, 2009. The court held that the woman failed to prove that she was still the wife of the respondent, as she had remarried.

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