Army man, parents cleared of domestic violence case by Mumbai court

The complainant alleged she took an overdose of thyroid medication due to the abuse but her then husband did not take her to the hospital.

gavelThe prosecution had closed its case after the complainant did not appear before the court despite repeated summons and warrants. (Source: File)

A magistrate court in Mumbai acquitted a serviceman and his parents this week who had been booked in a domestic violence case on a complaint that had been lodged by his former wife. The court cleared the three of charges under section 498(A) (cruelty by a husband or his relatives towards a woman) of the Indian Penal Code. The court observed that the complainant woman did not appear in court to give her testimony and never submitted a formal application seeking to testify via video link.

“The prosecution failed to present the complainant’s testimony and the allegations cannot be proved solely on the basis of the testimony of the investigating officer. The prosecution failed to provide any evidence to show that the alleged cruelty was for dowry or was severe enough to drive the complainant to cause self-harm or serious injury or harm to her life or health,” the judicial magistrate of the Esplanade court said in its order on Monday.

The case is related to a serving Army man and his ex-wife. According to submissions made before the court, the couple got married in 2012 in New Delhi. The complainant had submitted that the trouble in their relationship began in 2013. She claimed her father-in-law had expressed dissatisfaction about the weight of a gold ring she had gifted him. She also alleged that subsequently, she was subjected to taunts by her husband and in-laws. It was submitted that during her pregnancy in 2013, her in-laws did not take proper care of her or provide proper medical care and she was made to do household chores. She also alleged that when he was posted in Mumbai, she moved here with him, and she was subjected to physical violence multiple times. It was submitted that her husband demanded buying property in Pune by using a sum of Rs 15 lakh that her father had given her.

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The complainant also alleged she took an overdose of thyroid medication due to the abuse but her then husband did not take her to the hospital.

Representing the three accused, lawyer Sunil Pandey denied the allegations. He claimed there was medical evidence that the husband was also assaulted by the complainant and had not appeared before the court in Mumbai nor before the Delhi court, where a divorce case was filed by him.

The prosecution had closed its case after the complainant did not appear before the court despite repeated summons and warrants. It was submitted that while she sent a letter requesting the court to allow her to testify via video conference, the court said that a formal application was not submitted to specify which court she will depose from.

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