Considering the long gap of 34 years there cannot be domestic violence.

Mr Jayantilal Kanji Nagda vs The State of Maharashtra and Anr

Bombay HC

08/05/2015

CRIMINAL WRIT PETITION NO. 1865 OF 2010

About/from the judgment:

Considering the long gap of 34 years, there cannot be any infirmity in the view of the Learned Magistrate, that after such a long separation, prima-facie, there cannot be domestic violence. Further, perusal of the complaint shows that, the solitary incident alleged therein is against the mother and sister of the petitioner, which incident had taken place in the absence of the petitioner. Thus on merits also, primafacie, there is no substance. Apparently, after the D.V. Act came into force, the respondent just took a chance at getting additional maintenance from the petitioner. However, in the facts of the case, the learned Magistrate has correctly held that she needs to establish her case by appropriate evidence which can be only at the trial.

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