No illtreatment to wife, only demand of some articles, Domestic violence not made out

Vikrant Sudhakar Ambhore & Ors vs Varsha Vikrant Ambhore

Bombay HC, Nagpur Bench

19/11/2013

CRIMINAL APPLICATION (APL) NO. 527 of 2013

About/from the judgment:

In the complaint it is stated that the applicant nos.2, 3 and 4 had been cooperating with the applicant no.1 for harassing the nonapplicant. We find that the allegations made against applicant nos.2, 3 and 4 are vague and do not constitute domestic violence as contemplated by the provisions of the Domestic Violence Act, 2005. The averements prima facie, even if taken at its face value, do not constitute the offence.

 

The only allegation against the applicant nos.2, 3 and 4 is that a demand was made by them and pursuant to the demand, the paragraph no.2 of the complaint, parents of the non­applicant have given the items as stated in Shri Vyas, learned Advocate for the non­applicant, has submitted that the allegations made in paragraph no.3 against the applicants constitute domestic violence as contemplated by Section 3(b) of the Protection of Women from Domestic Violence Act, 2005.

 

However, we find that the non­applicant has not even pleaded that there was harassment or harm or injuries or anything which endangered her to coerce her to fulfill the demand, which are the necessary ingredients.

Read the Judgment

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