‘Vague allegations’: Del HC scraps domestic violence complaint

‘Vague allegations’: Del HC scraps domestic violence complaint
Dehradun: Delhi HC has quashed a domestic violence complaint and an FIR for cruelty and criminal breach of trust filed by a woman against her former husband and his family, saying the allegations were vague, omnibus and insufficient to disclose any prima facie offence.In the March 10, 2026 order, Justice Neena Bansal Krishna allowed two petitions filed by the man and his relatives and set aside proceedings under the Protection of Women from Domestic Violence Act, 2005, and an FIR registered at KN Katju Marg police station. Notably, the FIR was lodged after the husband obtained ex parte divorce in 2012.The case arose out of a marriage solemnised on Jan 25, 2005. The petitioners claimed the couple lived together briefly in Ranikhet and remained largely separated, with the wife staying in Delhi. The husband obtained an ex parte divorce decree on Sept 5, 2012, from a court in Almora. HC noted that this decree was never challenge. It also recorded that the wife filed her own divorce petition in Delhi's Rohini but withdrew it after learning about the earlier decree, and initiated proceedings under the DV Act and criminal law.Regarding the FIR under IPC Section 498A, the court found that the accusations against the husband and his relatives lacked particulars of time, manner and specific conduct.
On the allegation under IPC Section 406 regarding ‘stridhan', the court found only a general assertion that jewellery had been retained. It said there was no description, valuation, entrustment detail or specific allegation identifying who was entrusted with the property and when it was demanded back.Quashing the complaint, the court held that once the marriage was dissolved by a final divorce decree on Sept 5, 2012, the domestic relationship had also ceased.

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About the AuthorPankul Sharma

A journalist based in Dehradun, Uttarakhand with over 18 years of experience. Currently working as Principal Correspondent in TOI. I cover archaeology, industry and judiciary (High Court, NGT, Consumer Commission and tribunals).

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