Husband spending time with mother, giving her money is not domestic violence towards wife: Mumbai Court

A man spending time with his mother or giving her money will not amount to domestic violence towards his wife, a Mumbai court recently held while acquitting a person accused of offences under the Protection of Women from Domestic Violence Act (DV Act)..Additional sessions judge Ashish Ayachit at Dindoshi in Mumbai upheld the judgment of a magistrate rejecting the complaint of the wife alleging offences against her husband under the DV Act.The complaint before the Magistrate said that when the couple started residing away from the husband's mother, the husband would frequently visit his mother and she would demand money from him.“It revealed from the entire evidence that her grievance is that the husband is giving time and money to his mother, which cannot be considered as domestic violence” the sessions court noted. .The couple got married in May 1992 and divorced in January 2014. The wife filed the complaint alleging mental and physical cruelty by the husband and in-laws. The woman also claimed that when her husband was working abroad between 1996 to 2004, he would send money to his mother. The woman filed a plea before the magistrate court seeking protection, residence and monetary relief, which the magistrate rejected and that was challenged before the sessions court.The sessions court observed that the proceedings were initiated only after her husband issued a notice demanding divorce.“The wife had withdrawn money from the Non-Resident External (NRE) account and purchased a flat in her name. She made very vague allegations which does not inspire confidence or truthfulness. Thus, the allegations that he was not providing any financial help to the wife, cannot be accepted as she herself admitted that she withdrew amount,” the Court said.The sessions court found no reason to interfere with the trial court order for the reason that the wife miserably failed to prove that she was subjected to domestic violence..Advocate Shekhar Shetty appeared for the wife. Advocates PR Shukla and Dharmesh Joshi appeared for the husband.