#Domestic Violence

The Calcutta High Court quashed lower maintenance orders, ruling that any award under the PWDV Act must be grounded in sworn affidavits of both parties’ assets and liabilities. The decision forces litigants in domestic violence cases to furnish full financial disclosures before maintenance can be granted, impacting spouses and children seeking support.

The Calcutta High Court dismissed the FIR, ruling that the accused cannot be charged under Section 85 of the BNS Act because they are neither the husband nor a blood, marital or adoptive relative of the complainant’s husband. This narrows liability under the Act to immediate family members.

The Bombay High Court has ruled that sustained financial neglect of a spouse and children since 2013, with no provision for basic livelihood, qualifies as economic abuse under the Protection of Women from Domestic Violence Act. This sets a critical precedent for recognizing financial control and deprivation as forms of domestic violence, expanding access to interim maintenance for economically dependent survivors.

Karnataka High Court quashes FIR under Section 498A IPC and Dowry Prohibition Act against relatives residing separately, holding that generic allegations without specific instances fail to establish a prima facie case. The ruling reinforces the threshold for summoning distant relatives in dowry harassment cases.

The Karnataka High Court ruled that interim maintenance under the PWDV Act cannot be granted solely on ex parte affidavits. Courts must record evidence to assess financial capacity and need before awarding maintenance, ensuring fairness to both parties. This sets a precedent for evidence-based adjudication in domestic violence cases.

Karnataka High Court granted anticipatory bail to a mother accused alongside her son in a BNS sexual assault case, holding that mere familial relationship does not establish prima facie involvement. The court imposed weekly reporting and a Rs. 2,00,000 bond, reinforcing that vicarious liability requires active participation or knowledge under criminal law.

MP High Court grants bail to five accused in an abetment of suicide case, holding that habitual domestic violence by the deceased and the risk of false implication override custodial detention. The ruling underscores that prolonged pre-trial custody is unwarranted where the accused’s role is mitigated by the victim’s history of abuse.

The Chhattisgarh High Court ruled that a 12-year delay in filing a 498A FIR, even after divorce, does not automatically invalidate the case if the allegations disclose ongoing mental or physical cruelty. This affirms that domestic abuse under Section 498A is a continuing offence, protecting survivors who delay reporting due to fear, social stigma, or economic dependence.

Jharkhand High Court rules that mere verbal taunts about widowhood, without coercive conduct or unlawful demands, do not meet the threshold of criminal cruelty under Section 498A IPC. The judgment clarifies that allegations must involve tangible harassment or extortion to sustain charges, offering relief to families facing frivolous complaints.

Allahabad HC rules that omission of key cruelty allegations in a complainant’s statement under Section 223 BNSS renders the prosecution defective, necessitating a fresh recording within 15 days. The judgment underscores the right of complainants to have their full allegations reflected in legal proceedings to ensure natural justice.

The Madhya Pradesh High Court ruled that a Family Court's dismissal of a Section 144 BNSS maintenance application is illegal when the respondent fails to cross-examine witnesses or present rebuttal evidence. The court emphasized that unrebutted testimony must be accepted as proof, remanding the case for fresh consideration without requiring prior police complaints.

The Orissa High Court has ruled that when a wife faces credible threats of violence and is the primary caregiver to an infant while economically dependent on her parents, her convenience must override procedural convenience of the original forum. This sets a critical precedent for family courts to prioritize safety and childcare over territorial jurisdiction in transfer petitions under Section 24 CPC, empowering vulnerable women to seek justice without sacrificing their physical or emotional well-being.

Chhattisgarh High Court rules that prolonged mental or physical cruelty under Section 498-A IPC does not require proof of dowry demand for conviction. The court reduced the sentence from 3 years to 6 months, citing a 22-year trial delay and prior custody, reinforcing that cruelty itself is punishable regardless of dowry allegations.

MP High Court rejects transfer petition under Section 24 CPC, holding that travel inconvenience alone, without documented evidence of harassment or threat, cannot justify shifting Hindu Marriage Act proceedings. The ruling reinforces that transfer petitions must demonstrate substantive grounds beyond logistical difficulties to succeed.

Madhya Pradesh High Court reaffirms that revisional jurisdiction under PWDVA is narrowly confined to cases of manifest excessiveness. The Rs. 25,000 interim maintenance awarded to a software engineer wife and minor child was upheld, emphasizing the husband’s capacity to pay despite his relocation to the US. The ruling underscores that interim relief under Section 23(1) of PWDVA is not subject to re-evaluation on merits in revision petitions.