SC quashes 'vague' domestic violence complaint against husband; deems it abuse of legal process by wife

Edited and posted by Al Ngullie
March 27,2025 03:02 PM
HORNBILL TV

The Supreme Court recently quashed a lower court order that had dismissed a husband's plea challenging a domestic violence complaint filed by his wife, after the couple had filed for mutual divorce.

New Delhi [India], March 27 (HBTV): The Supreme Court recently quashed a lower court order that had dismissed a husband's plea challenging a domestic violence complaint filed by his wife, after the couple had filed for mutual divorce.

A bench of Justices Sudhanshu Dhulia and K. Vinod Chandran termed the allegations filed by the wife as vague and generalized.

'The allegations which have been made, such as that she has been thrown out of the house and being tortured, etc., are not only vague and generalized but they all precede the date—October 9, 2019—on which the joint application for mutual divorce was filed,' the court noted in its March 4 order.

The couple married in April 2018 under Hindu rites. In October 2019, due to matrimonial discord, they filed a plea for mutual divorce. Three months later, the wife withdrew her petition for mutual divorce.

Subsequently, the wife filed a complaint against the husband under the Protection of Women from Domestic Violence Act, 2005. The husband challenged the maintainability of the complaint, contending that their mutual divorce proceedings were pending.

However, a Jammu court dismissed the husband's plea and posted the matter for further proceedings.

The Supreme Court, however, granted relief to the husband by quashing the Jammu court order and termed the wife's complaint an abuse of the legal process.

'Considering the nature of the case, the allegations made in the complaint, and the sequence of events we have already narrated above, the entire complaint seems to be nothing but an abuse of the process of law,' the bench stated.

Advocates Akshat Malpani, Vandana Gupta, and Rahul Gupta represented the petitioner husband. (ANI)