Mumbai Court Rules: Husband’s Support for Mother Not Deemed Domestic Violence Against Wife

The sessions court at Dindoshi upheld a 2015 order of a magistrate rejecting the wife’s complaint that the husband suppressed the mental illness of her mother-in-law.

In a recent adjudication, a Mumbai court acquitted an individual facing charges under the Protection of Women from Domestic Violence Act (DV Act), affirming that the mere acts of a husband engaging in filial duties toward his mother, such as spending time with her or providing financial support, do not constitute domestic violence against his wife.

The ruling, endorsed by Additional Sessions Judge Ashish Ayachit at Dindoshi in Mumbai, upheld the magistrate’s decision to dismiss the complaint lodged by the wife, which alleged violations of the DV Act by her husband.

The complaint presented before the magistrate delineated instances where, subsequent to the couple’s establishment of a separate residence from the husband’s mother, the husband maintained frequent visitations to his maternal figure, who in turn sought financial assistance 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 conjugal union between the parties was solemnized in May 1992 and subsequently dissolved by divorce in January 2014. Following the dissolution, the wife filed a grievance alleging instances of mental and physical cruelty perpetrated by her husband and his family members.

Furthermore, the wife contended that during the period of her husband’s overseas employment spanning from 1996 to 2004, he regularly remitted financial assistance to his mother.

Subsequently, the wife sought judicial relief by initiating proceedings before the magistrate court, wherein she petitioned for protective measures, residential arrangements, and pecuniary support. However, the magistrate’s disposition was adverse to her claims, prompting an appeal before the sessions court.

Upon appellate review, the sessions court noted that the initiation of legal proceedings coincided with the service of a divorce notice by the husband.

“The wife had withdrawn money from the Non-Resident External (NRE) account and purchased a flat in her name.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, upon review, declined to intervene with the trial court’s decree on the basis that the wife inadequately substantiated her allegations of domestic violence.