Pune Court Rejects Woman’s Appeal To Throw Husband Out Of His Own Property

The Pune Cantonment court on Monday rejected the plea of a woman who accused her husband of domestic violence and sought to restrain him from his home. The woman is a practicing lawyer herself, and according to the court, she misused the law to dispossess her husband of his own property. In the bargain, she also claimed huge monetary benefits from the man.

In the opinion of the court, her charges of domestic violence against the husband did not hold water.

Case:

The couple got married in December 2016 and had a child in 2018. Initially, the couple indulged in trivial fights, however in July this year, the wife filed an application under Protection of Women from Domestic Violence Act, 2005, claiming that her husband had cheated by informing her that his former marriage was dissolved due to insanity of his first wife.

According to the wife’s allegations, the man also did not disclose to her that he had suffered two heart attacks previously, due to which he avoided keeping sexual relations. While on one hand the woman claimed her husband to be weak, she also accused him of assaulting her physically during her pregnancy.

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As reported by the Pune Mirror, the woman also claimed that her husband chose to live with the son from first marriage and neglected her.

Woman Approached Court

The working wife seeked interim maintenance from her husband and also asked court to restrain his access into his own home. She sought an injunction to prevent her husband from alienating the property or creating any encumbrance over it.

Husband’s Response

The man in his defense claimed that he had done everything possible for his second wife and refuted all allegations. He told court that despite providing the woman with all she needed, she was apathetic towards his son from the first marriage, and this compelled him to reside separately with the son.

Due to the behaviour of his wife, the man claimed that his first child also suffered towards his education since he had to move him from Pune to Nashik. The husband also accused his wife of harassing his father who was suffering from multiple ailments.

Court Observations

The court heard both sides and questioned the authenticity of the claims made by wife. The court noted,

The woman approached the court after three years of marriage, though she claims to have suffered from the alleged domestic violence from the very beginning, making no complaints despite being a lawyer. Apart from her affidavit, there is nothing on record to support her contentions.

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The facts show the respondent does not have a huge income and the applicant has been residing in a house purchased by him.

Granting such a prayer would put the respondent and his family into “vagrancy and starvation”.

Defending the woman’s side, her advocate said,

The husband used to beat her and was not willing to take her responsibility. He also asked her to leave the house prompting us to file the case under the Act on domestic violence. We will be filing an appeal in the sessions court.

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http://voiceformenindia.com/in-the-law/no-maintenance-to-working-wife-with-sufficient-salary-supreme-court/

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