Mumbai court upholds order to pay alimony to wife in domestic violence case

Mumbai Court on Grant of Maintenance to Wife: The Mumbai court has upheld the order to give alimony to the wife under the Domestic Violence Act. The woman had married a gay man. The court said that under the Domestic Violence Act, the word ‘victim’ does not only include a woman who is a victim of physical abuse, but also includes sexual abuse, emotional and economic abuse. Additional Sessions Judge Dr AA Joglekar dismissed the husband’s appeal against an order of the Magistrate Court, which had ordered the wife to pay Rs 15,000.

Taking note of Section 3 of the Domestic Violence Act, the Mumbai Court observed that the term domestic violence has a wider scope and is not limited to physical injuries or abuse, but also includes Can also be extended in related areas.

What was the allegation of the woman?

The court upheld the trial court’s observation that any act or conduct of the respondent (husband) in contravention of the section would naturally amount to domestic violence. The couple got married in December 2012. The woman alleged that the husband did not accept the marriage for more than six months. The woman alleges that she found him having sex with other men. He used to return home late from work and had created a fake Facebook account, which showed his relationships with men.

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husband denied the allegations

On perusal of the evidence produced by the wife, the court said, “It is clear that the woman was naturally traumatized and emotionally abused.” The accused man, on the other hand, claimed that his wife neither had any evidence of his alleged wrongdoings. Nor did he deny having a relationship with her.The wife always suspected him.

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