Mere allegations of domestic violence not enough for relief, says Delhi court

New Delhi: A Delhi court has dismissed a woman's complaint against her husband and in-laws under the Protection of Women from Domestic Violence Act, holding that allegations of abuse alone cannot establish a claim and that the complainant must prove at least one act of domestic violence to qualify for relief.

Judicial Magistrate Rishika Srivastava, while hearing the woman's petition against her husband, parents-in-law and other members of his family, said the burden was on the complainant to establish that she had been subjected to an act covered by the law.

In its October 28 judgment, the court observed, "It is the burden of the petitioner to prove the commission of at least some act that falls within the aforesaid definition in order to be considered an 'aggrieved person'. Mere averment in this regard is not sufficient."

It noted that although the definition of domestic violence under the law was broad, the complainant had not placed any evidence on record to substantiate her claims. Consequently, the allegations remained unproved, the court said.

The woman had accused her husband and in-laws of subjecting her to physical, sexual and emotional abuse, dowry-related harassment and threats during their marriage. She had also alleged that her husband threatened to circulate obscene photographs of her and demanded Rs 35 lakh from her father.

Seeking relief under the Act, she had requested protection and residence orders, monthly maintenance of Rs 40,000 and compensation of Rs 50 lakh for the alleged mental torture, emotional distress and sexual violence.

Advocate Manish Bhadauria, appearing for the husband, parents-in-law and other family members, denied the allegations. The respondents claimed that the dispute had been settled for Rs 10 lakh in January 2021. They also submitted that the woman was earning more than Rs 75,000 a month and had voluntarily left the matrimonial home after taking her belongings.

The court noted that the woman had been given three opportunities to present evidence but did not file an evidence affidavit or take steps to lead evidence. Her right to lead evidence was subsequently closed on September 26.

It further observed that the fact that one of the respondents had been proceeded against ex parte did not absolve the complainant of her responsibility to establish the case on its own merits. She could not rely solely on weaknesses in the defence, the court said.

Holding that the allegations of domestic violence against the husband and father-in-law had not been proved, the court dismissed the petition.