Metropolitan Magistrate Shefali Barnala Tandon dismissed the petition of the woman, who had entered the second wedlock without dissolving her first marriage, saying she had concealed facts from the court and misused the law.
“It is apparent that petitioner (woman) has concealed the material facts from the Court and misused the process of law taking the shield and shelter of Protection of Women from Domestic Violence Act, 2005.
“Act and conduct of the petitioner is highly condemnable as a wrong message would go in the society that women laws are being misused for ulterior motives and no person can be permitted to misuse beneficial legislation,” the magistrate said, while noting that when the woman was asked about her actual marriage status, she chose to withdraw the matter.
The court also imposed a cost of Rs 10,000 on her saying her petition was false and frivolous. “In these circumstances, the present petition being false and frivolous is dismissed with cost of Rs 10,000 imposed upon petitioner...,” it said and made it clear that in default of payment, the woman would have to undergo 15 days imprisonment. The woman deposited the cost amount with the legal service authority.
The woman had moved the court against her second husband, whom she had married in November 2011, alleging domestic violence by him.
However, during the proceedings, it was found that the woman, who claimed she was a widow at the time of her second wedding, was already married and her first husband was alive.
The court relied on a document showing a joint statement of the woman and her first husband before a Family Court on December 16, 2011 regarding their marital dispute, which was submitted a month after her alleged second wedding was solemnised with a pomp and show.
“No marriage photos have been filed on record and only a photocopy of marriage affidavit has been filed. Even if we believe the woman qua her marriage with the respondent, then it is apparent that she married during subsistence of her earlier marriage,” it said.
The second husband had denied the allegations of domestic violence and claimed not being married to the woman. He alleged that the woman had an evil eye on his property and had filed a false litigation to extract money.