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Bombay HC: Wife Has Every Right to Attend & Monitor her Complaint Filed Under DV Act

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Nagpur Bench of Bombay HIGH COURT LAW INSIDER

Debangana Ray

Published July 25, 2022 at 19:11 IST

The Nagpur Bench of Bombay HC has transferred her case to the city, holding that she has every right to regularly attend and monitor the progress of her case against the husband and his brothers for alleged domestic violence and cruelty.

The Bench comprising of Justice Vinay Joshi rejected the husband and his two brothers contention that since the case was registered by the government through the police, she only has to give evidence once.

The Court stated that, “Certainly, it would be quite inconvenient for the wife to attend the court at Annjangaon Surji. In fact, being aggrieved she has every right to attend and monitor the progress of her case.”

“Besides that, we all the witnesses are her family members who are staying at Nagpur.”

The respondents had argued that the offence was committed by Anjangaon – Surji and therefore the trial should be held there.

The Court was not convinced that the wife’s role is to merely give evidence. It was also notably observed that no female member was party in the complaint. Looking into the facts the court ruled in favour of wife as in domestic disputes, the cases are transferred to a place convenient to wife.