In a rare case of its kind, a Metropolitan Magistrate of Saket Court in New Delhi, Shivani Chauhan, has dismissed the domestic violence complaint of a woman, who resides in south Delhi, saying that she had falsified and concocted various allegations and suppressed important facts in order to harass her husband and her in-laws. The court noted that the complainant woman misused legal provisions as a tool to extort unjustified money from her husband and her in-laws for unjustified personal gain. The court also imposed a cost of Rs. 1 lakh on her as exemplary costs.
In the present case, the complainant woman had said that she got married in November 1989 at Patna and it was a love marriage. It was noted in the complaint that after the marriage, however, the differences grew and she was harassed physically and verbally by her husband while her in-laws turned a blind eye towards the issue.
It is noteworthy that the Protection of Women from Domestic Violence Act, 2005, was enacted by the Parliament to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family.
It is in this context that the court in the above case noted that generally women are at the receiving end of domestic violence and the Protection of Woman from Domestic Violence (PWDV) Act is created solely with a view to provide relief to the victims of domestic violence and not to the perpetrators. It, however, noted that, in the present case, the testimony of the complainant woman throws light on the conduct of the complainant and the extent, to which she has falsified and concocted various allegations and has suppressed important facts in order to harass her husband and parents-in-laws and had misused the PWDV Act as a tool to extort unjustified money from her husband for unjustified personal gain.
The court further said that it was a fit case which called for imposition of exemplary cost on complainant woman, so that like minded people are dissuaded from resorting to such mala fide practices. The court of the M.M. Shivani Chauhan thus, not only dismissed the woman’s complaint but also imposed a cost of Rs. one lakh, which is to be deposited in the account of Blind Relief Association. The court observed that the imposition of cost was in furtherance of the principle that wrongdoers should not get benefit out of frivolous litigations.
Source: Tilak Marg