Legal Advice

False Domestic Violence Case: My Wife’s unwillingness to live with me and baseless claims against my mother

Query

How to get rid of false domestic violence case? My wife has expressed her unwillingness to live with me and has exhibited rude and cruel behaviour towards me. Since the time of our marriage, she has never wished to reside in her matrimonial home. Despite my mother being a widow and providing her with all necessary facilities without any demands. My wife has falsely accused my mother of not extending help with household chores in the domestic violence case.  Not a single sentence in her complaint suggests that she has been subjected to any domestic violence. The issue appears to stem from her problem with my mother, as she has made baseless claims that my mother is lethargic, does not contribute to the household, demands money from me, and unnecessarily expends my earnings.

Advice

Upon reviewing your wife’s domestic violence complaint, it appears that the necessary elements under Section 3 are absent. 

Domestic Violence, as defined under Section 3 of the Domestic Violence Act, includes any act that causes harm, injury, or endangers the health, safety, life, limb, or well-being, whether physical or mental, of the aggrieved person. This includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. 

However, the complaint does not mention any instances of physical, emotional, sexual, verbal, or economic abuse. Additionally, the demand for money does not constitute economic abuse. As your mother is a widow, it is your responsibility to care for her and she has the right to claim assistance from her son without committing any offence.

This complaint needs to be quashed. To quash this false and frivolous complaint, it is recommended that you file a petition in the high court under Article 227 of the Constitution of India. The complaint does not disclose any act of domestic violence, and thus, it is liable to be quashed. 

If the complaint lacks the necessary elements of Section 3 of the DV Act, it cannot proceed. The high court may consider quashing the complaint in this case.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Domestic Violence

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