Delhi Court observed that the Domestic Violence Act is not a tool to harass a husband, slamming its misuse in a prolonged 7-year-old matrimonial case filed by the wife.
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NEW DELHI: A Delhi court has delivered a ruling, reminding litigants that the Protection of Women from Domestic Violence Act (PWDVA) cannot be misused as a means to harass spouses at convenience. Judicial Magistrate First Class Shruti Sharma dismissed a petition on September 10, observing that the prolonged absence of the petitioner reflected clear abuse of process.
The Case Background
The matter traces back to 2018 when a woman, married in 2017, filed a complaint under the PWDVA against her husband. Shortly after her marriage, she moved to Canada, acquired citizenship there, and later divorced her husband.
Despite initiating proceedings, the petitioner failed to appear in court for nearly seven years. Even after being granted multiple opportunities to lead prosecution evidence, she did not comply.
On the final hearing date, the court allowed her one last chance to appear physically or virtually. However, she ignored repeated calls and remained absent, leading to the dismissal of her plea.
Court’s Observation
The court noted that the petitioner was behaving like a “luxury litigant”, someone who files cases but fails to pursue them responsibly, thereby wasting judicial time.
“The Protection of Women from Domestic Violence Act is not a tool to harass a husband at convenience,”
the order stated, emphasizing that prolonged litigation without reasonable cause would not be tolerated.
Advocate Jyoti Thakur, representing the respondent husband, argued that the case was nothing more than “harassment at convenience” and a “textbook example of how matrimonial litigation is prolonged to put pressure.”
The court agreed with this argument, strongly disapproving of the petitioner’s conduct.
Men’s rights activist Shonee Kapoor welcomed the ruling, stating,
“This highlights that litigants cannot abuse the justice system by filing cases and then failing to follow through.”
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