My file has filed a false case under domestic violence act. Does the court examine the truthfulness of the case before passing any order against the accused?
False allegations made by the wife against her husband destroy the sanctity of marriage. Marriage speaks of an absolute faithfulness, mutual encouragement, admiration, respect and assistance of the couple to each other with all love and grace to make out a peaceful institution.
As per the section 3 of the 2005 Act, it appears that if the conduct of the respondent harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so, it would amount to “domestic violence” which includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
Thus for the commencement of the offence under the domestic violence act, it is necessary to prove that wife is a victim of domestic violence and act of domestic violence has been committed in the shared household. If the husband harasses, harms injures or endangers his wife (aggrieved person) with a view to coerce her or any other person related to her to meet any unlawful demand for dowry or other property or valuable security, it would also amount to domestic violence.
These facts are missing in your case therefore no offence punishable under the domestic violence has made out. The magistrate is bound to consider all the evidence brought on record to satisfy himself whether the offence of domestic violence has been committed or not. Averments made by the aggrieved person in her complaint is the paramount material for consideration.
If averment of aggrieved person is vague, bald or suspicious cognizance should not be taken by the Magistrate. In devoid of credible evidence or medical report it cannot be said that the husband used to commit physical abuse, a single act of verbal abuse cannot form the basis of physical abuse.
Physical abuse, sexual abuse, verbal and emotional abuse as well as economic abuse has been defined under the Explanation I to section 3 of the D.V Act. As per Explanation II of section 3, the overall facts and circumstances of the case shall be taken into consideration to see whether the act, omission, commission or conduct of the respondent constitutes domestic violence or not.
It is settled law that cognizance shall not be taken on the insufficient material brought on the record by the complainant. You should file a revision petition before the court of sessions and challenge the cognizance taken by the court and process issued by the same.