Judicial Magistrate 1st Class - While Dismissing The Complaint by Wife under the Domestic Violence Act - Said Complaint is based upon False and Frivolous allegations.
On a complaint of wife under domestic Violence u/s 23 and under section 12 sort relief for a huge amount of interim maintenance and final maintenance and right to residence in a shared household. The husband came in contact with Apaizers Mens Right. A planned strategy was suggested to the husband regarding the pursuance of the case u/s of the domestic violence act. The same is being adhered by the husband and on his demand Reply to the Interim Application and Main Application prepared by Apaizers Mens Right keeping in mind all the allegations and actual facts and supreme courts ruling references.
On the hearing of Interim Maintenance Application, the court dismissed the arguments related to the shared household and no relief is given to the wife under this provision and a very nominal amount of Rs. 3000/- p.m. interim maintenance was passed.
Further to the main application, the cross-examination was done on both sides and the court finally dismisses the application by giving below mentioned order:
" It is pertinent to mention here that there is no domestic incidence report in the instant case against the respondents. Moreover, the complainant has failed to specifically plead the reliefs which are being claimed by her by way of the instant complaint.
As no act of domestic Violence act has been proved, there is no question of grant of any relief to the complainant. In view of the discussion above, this court finds that the allegation leveled by the complainant are baseless such, the complainant is not an 'aggrieved person' as defined in the Act and cannot be said to be entitled to any of the reliefs under the Act.
In view of the fact that the basic ingredients of the Act that complainant is an aggrieved person have not been proved in the instant case, this court is of the considered view that said the complaint is based on false and frivolous allegations. Accordingly, the present complaint stands dismissed."
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