Cops can’t be used to pressure others under domestic violence law

NEW DELHI: The Domestic Violence Act cannot be made a tool for using cops to pressure others, a Delhi court has said while dismissing a woman’s plea seeking police protection to attend her daughter’s wedding.

The court dismissed the woman’s appeal seeking presence of two policemen to pressure her husband and in-laws to let her attend the marriage peacefully, saying there were no specific allegations of threat in her domestic violence complaint, hence the relief could not be granted.

“The protection order under the Domestic Violence(DV) Act is aimed at protecting a vulnerable victim. DV Act cannot be used for using the police force to pressure others. In these circumstances the court does not find any ground to grant relief to the appellant. Appeal is, therefore, dismissed,” Additional Sessions Judge Vrinda Kumari said.

The woman, who had earlier secured monthly interim alimony from her husband in the domestic violence case lodged against him, argued that presence of two police constables with her would pressure her husband and his family members and she would be able to attend the marriage ceremony of her daughter, who lives with her father.

The court noted that there is no protection order in favour of the woman and also in her complaint she had not alleged that she was not being allowed to see her children but had merely stated that her kids were brainwashed against her.

A magisterial court had on January 19, 2016 granted the woman interim maintenance from her estranged husband in which the court did not consider her prayer for police protection.

PTI