Simple principle is wonderfully uphelp by Hon’ble Bombay High Court in this judgment.
‘No domestic violence’ means ‘No reliefs under Domestic Violence Act’. Period.
Not even for Children
Especially, it was held that
The aggrieved person is under obligation to establish that she had to meet the expenses incurred and losses suffered due to domestic violence on the part of the respondent. In the present case, since the learned Magistrate has come to a conclusion that the domestic violence could not be proved and since that finding of the learned Magistrate has not been challenged by the aggrieved person, it follows that no relief could have been given to respondent Nos. 2 and 3 also.
Moreover, Judge ordered refund of the money deposited by the husband with the Court.Koushik Vs. Sau. Sangeeta Koushik Gharami & ors on 05 May 2014
Citation: 2014 All MR(Cri) 2398