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Cops can't be used to pressurise others under DV act

Cops can’t be used to pressurise others under DV act

The Domestic Violence Act cannot be made a tool for using cops to pressurise others, a Delhi court has said while dismissing a woman’s plea seeking police protection to attend her daughter’s wedding.

The court dismissed the woman’s appeal seeking presence of two policemen to pressurise her husband and in-laws to let her attend the marriage peacefully, saying there were no specific allegations of threat in her domestic violence complaint, hence the relief could not be granted.

“The protection order under the Domestic Violence(DV) Act is aimed at protecting a vulnerable victim. DV Act cannot be used for using the police force to pressurize others. In these circumstances, the court does not find any ground to grant  relief to the appellant. Appeal is, therefore, dismissed,” Additional Sessions Judge Vrinda Kumari said.

The woman, who had earlier secured monthly interim alimony from her husband in the domestic violence case lodged against him, argued that presence of two police constables with her would pressurize her husband and his family members and she would be able to attend the marriage ceremony of her daughter, who lives with her father, in peace.

The court noted that there is no protection order in favour of the woman and also in her complaint she had not alleged that she was not being allowed to see her children but had merely stated that her kids were brainwashed against her.

“In the entire complaint before the trial court as well as in the rejoinder, there is no allegation that the appellant (woman) is not being allowed to see her children.

“In the rejoinder filed before the court, the woman has merely stated that her children have been brain-washed by the husband and are not being imparted any religious training. There is no specific allegation that the husband had ever  restrained her from visiting her children,” it said.

A magisterial court had on January 19, 2016 granted the woman interim maintenance from her estranged husband in which the court did not consider her prayer for police protection.

Earlier this month, the woman moved two applications- one for release of the cheque deposited by her husband pursuant to maintenance order and the second seeking police protection to attend the wedding of her daughter, who lives with her father.

( Source – PTI )

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Vincent Bagul
Vincent Bagul
6 months 7 days ago

The DV Act is grossly misused by certain women. There should be provision of punishment to women, if the allegations are proved false.