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Relief in domestic violence case

Shivendra Pratap Singh

Advocate

29/11/2016

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My wife has filed a false case under the domestic violence act. She made me all family members as accused. However, no specific allegation was made against my family members, but she made a specific accusation against me. She asserted that I had abandoned her after causing much physical torture. She failed to produce any medical evidence regarding physical pain. Now the case has decided against my family members and me. The court ordered to pay 20000 as maintenance allowance, rs 5000 per month if I do not provide separate accommodation. Please advise.

You should file an appeal before the court of sessions. Such judgment could not be passed if no medical evidence was produced in support of physical torture. Your family members should be acquitted because no specific allegations were made against them.

In M.M. Ahmed vs State of Andhra Pradesh AIR 2007 AP, it is held by the high court that in no specific allegation is made against the accused hence prosecution against such accused should be quashed. No judgment has been passed so quashing is becoming immaterial. But you should object to this point. Such persons must be acquitted by the appellate court.

If you are living with your family house which is not built by you or it is rented flat and rent is not paid by you then your wife cannot claim separate accommodation. Such accommodation or residential relief under section 19 can be given only self-owned house or rented house of the husband or joint family house (ancestral house).

In S. R. Batra vs Smt. Taruna Batra AIR 2007 SC, held by the supreme court that right to separate or alternate accommodation under the domestic violence act can be claimed only against the husband. If it is the husband’s self-owned house or rented house (if rent is paid by the husband). It does not call the shared household. A house owned or taken on rent by her husband or a house belonging to the joint family of which her husband is a member.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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