Women centric laws were made in India to protect the alleged ‘weaker sex’ from any harassment or domestic violence from husband and in-laws. However, over the years/decades, in the absence of tweaking laws with the current times, several women are misusing the loopholes and approaching court for (monetary) relief.
In one such bizarre case, the Magistrate Court in Mumbai has refused any relief to a woman who went to court after 32-years of separation from her husband.
Couple was married in 1987. The woman approached court in 2021, where she accused her husband and in-laws of allegedly driving her out of matrimonial home in May 1989.
The woman also claimed that her husband and in-laws had fraudulently grabbed the property of her late husband and in-laws (she was married earlier) and that she has the right in the property.
The woman even contended that there is no limitation period to claim relief under the Domestic Violence Act.
Magistrate Court, Mumbai
The Magistrate Court in Borivali refused to grant relief to this woman under the Protection of Women from Domestic Violence (DV) Act citing a delay of three and more decades.
The Court noted that the domestic relationship between parties had ceased to exist 32 years and six months ago. Thus, the Court said the woman is not at liberty to sue the respondents as per her whims at any time. The Court remarked,
It is clear that the two parties have not resided in a shared household since 1989, so the allegations of domestic violence are “absolutely remote in time”.
Time Limit To Approach Court
With regards to the lapse in time, the court said that not having a prescribed period of limitation does not mean that the woman is at liberty to sue the respondents as per her whims at any time. The Court added,
Had it been so, there would be no end to such litigation.
The Court held that the plea had not been instituted within reasonable time.
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"Wife Not At Liberty To Sue In-Laws As Per Her Whims" | Mumbai Court Refuses DV Case After 32-Years Of Separation
— Voice For Men India (@voiceformenind) September 14, 2022
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