The Bandra Metropolitan Magistrate court has rejected the application filed by a Bandra’s O.N.G. C colony based woman, who had filed a case of Domestic violence against her estranged husband, apprehending of he dispossessing her and her son from the property.
The court while rejecting the application held that there was no documentary evidence either about agreed terms of settlement in their divorce petition or any other nature given or produced on record to draw the inference of domestic violence.
The couple got married in 2003 at Amritsar, Punjab and have a son from the wedlock. In 2019, the two had filed a divorce petition. The woman in her copy said that since she was willing to save their marriage, so the matter was taken before the Supreme Court and certain consent terms were filed by the court between the two.
“The husband was not ready to follow those consent terms. When the matter was disposed off, he was trying to sell off the Bandra based property. Also the husband had extorted Rs 10 lakhs as well as some jewellery from the woman’s father’” alleged the woman anticipating the economic violence which she would be forced to, thus approached the court.
The court after going through the application pointed out to the woman , that in order to grant relief under the Domestic violence Act, the condition precedent is the proof the of domestic violence which is occurred in a shared household at the instance of husband.
“However, here there is no fact to prove the alleged domestic violence nor any evidence given by the wife. Here she only apprehends dispossession and economic violence as her estranged husband is not following terms of settlement laid down but the Supreme Court, “held the court.
Thus the case which was filed on the basis of apprehension of being abused economically was rejected and disposed off by the court, in the lack of any evidence produced by the wife against her estranged husband.
