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J&K Court Orders Wife to Pay ₹10 Lakh for Misusing Domestic Violence Act

J&K Court Fines Wife ₹10 Lakh for Misusing Domestic Violence Act Against Husband

A Jammu and Kashmir court has ordered a woman to pay ₹10 lakh as compensation to her husband for misusing the Domestic Violence (DV) Act. This judgment highlights the misuse of legal provisions and emphasizes the need to uphold the true intent of protective laws.

The court observed that the case was a clear example of “abuse of process of law.” The woman had initially filed a domestic violence petition but later sought to withdraw it. The husband opposed the withdrawal, citing prolonged harassment and misuse of the law.

Court’s Observations

The court noted that the petitioner (wife) had used the Domestic Violence Act to deprive her husband of his own house, dragging the case up to the Supreme Court. The judge remarked, “The DV Act is not meant to harass the other spouse or worsen marital discord. Such misuse can undermine the law’s effectiveness in genuine cases.”

The court also emphasized that excessive misuse of protective laws could harm legitimate victims and destabilize the institution of marriage.

Verdict and Penalty

The court allowed the withdrawal of the petition but directed the woman to pay ₹10 lakh to her husband as compensation for the mental, emotional, and financial strain caused by her actions. It also ordered both parties to restore the original possession status of the shared household as it was before the petition was filed.

If the woman fails to pay the compensation within one month, the amount will be recovered as per land revenue recovery procedures.

Conclusion

This case is a significant reminder that protective laws like the DV Act should not be misused to settle personal scores. The court’s ruling ensures that the spirit of the law is preserved and protects individuals from baseless allegations.

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