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Spending time and money for mother not domestic violence: Mumbai court

Husband’s provision of time and financial support to his mother does not constitute domestic violence, a local court has said.

The court’s decision came as it rejected a plea of a 43-year-old woman seeking action against her husband and his relatives under the Protection of Women from Domestic Violence Act.

Initially rejected by a magistrate’s court in 2015, the woman, an assistant at the ‘Mantralaya’ (state secretariat), alleged in her complaint that her husband’s frequent financial assistance and time spent with his mother led to conflicts in their marriage.

She also claimed ignorance about her mother-in-law’s mental health condition prior to marriage, which increased tensions within the family.

Dismissing the wife’s assertions as “vague” and lacking “confidence of truthfulness”, the court highlighted that the husband’s support for his mother and the alleged mistreatment by in-laws did not meet the threshold for domestic violence, ultimately dismissing her appeal.

In addition to seeking relief under the DV Act, the woman had pursued compensation and maintenance for her daughter, who is now an adult, rendering her ineligible for maintenance claims on her behalf.

It added that as per evidence and other relevant pleadings, the husband had attempted to end his life two to three times during the marriage.

The court scrutinised the case details and concluded that the woman’s claims lacked substantiation. It noted that the divorce was initiated by the husband following alleged cruelties by the woman, emphasising a lack of evidence supporting her domestic violence allegations.

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