False allegation of domestic violence against husband
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As per the section 3 of the 2005 Act, it appears that if the conduct of the respondent harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so, it would amount to “domestic violence” which includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
These facts are missing in your case
If averment of aggrieved person is vague, bald or suspicious cognizance should not be taken by the Magistrate. In devoid of credible evidence or medical report it cannot be said that husband used to commit physical abuse, a single act of verbal abuse cannot form basis of physical abuse.
Physical abuse, sexual abuse, verbal and emotional abuse as well as economic abuse has been defined under the Explanation I to section 3 of the D.V Act. As per Explanation II of section 3, the overall facts and circumstances of the case shall be taken into consideration to see whether the act, omission, commission or conduct of the respondent constitutes domestic violence or not.
It is settled law that cognizance shall not be taken on the insufficient material brought on the record by the complainant. You should file a revision petition before the court of sessions and challenge the cognizance taken by the court and process issued by the same.
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Shivendra Pratap Singh
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