• Is slapping wife once for her misconduct considered domestic violence

I am a SAILOR. While on ship my wife send me email that she wanted to meet her ex boyfriend and convey her love to him. She also mailed that she went to meet him. On telephoning her from ship she said it is nothing but a joke. I felt something fishy and took the screenshots of her mails because I will not be able to access ships email from home. After I come home wife started problems with me asking me that she want to marry her ex boyfriend and not allowing me to sleep at night. In anger I slapped her once. 
For this she filed a DV against me saying that I was torturing her for last 4 years and she also added that I am had illicit relation with a girl before marriage and that I am still in that relation.I doubt whether my wife has some photos of me and my exgirlfriend. It is true that I had a girlfriend before marriage but I never saw her after marriage. Few times I talked with that girlfriend on phone and nothing more. 
She also submitted some hospital bills showing that she was under treatment due to my beating which actuallynever happened. I only slapped her once.
Is slapping considered as domestic violence.
If so will court take into account the sreenshots of emails which she send to me about her boyfriend , which was the actual reason for the problems.Will I be held guilty for a thing which I never did.
Also court has passed an interim maintenance order. What will happen if I am not paying interim maintenance to my wife in DV act 2005.
Asked 5 years ago in Family Law
Religion: Hindu

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10 Answers

1. Yes , slapping is considered to be domestic violence.

2.Anyway forget this case.First find out whether your wife still loves you or not. Give her more time,love and affection and try to wean her away from her ex-boy friend.

3. If you're successful then she will on her own would withdraw the case.

4. Otherwise if she is in love with her boyfriend then you better come out of this marriage. Offer to her to free her by way of mutual divorce whereby she will withdraw the case and both of you will be freed from each other.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
373 Consultations

5.0 on 5.0

1)court would consider emails received by wife that she loves her boy friend and wants to marry him

2) deny that you assaulted your wife

3) you are bound to comply with interim maintenance order

4) if you fail to pay wife would take execution proceedings against you for attachment of your property or bank account

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

Dear Concerned,

a. To hide her misdeeds your wife has used the Legal weapons to assault you - however your counsel should Draft your reply to DV extremely Cautiously and should counter all the claims / allegations with proofs like the emails you have.

b. You should also file an revision or appeal which ever applicable in your case for the ex parte maintenance order that has been passed against you - do mention that your wife have extra marital affair .

c. Also use the first movers advantage and file Divorce on the ground of cruelty and the extra marital relationships your wife have.

Best of Luck

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

1. Even a solitary incident of slapping the wife gives to her the cause of action to initiate the proceedings under PWDV Act, 2005. Under the DV Act she can claim maintenance and also monetary compensation for the domestic violence that she has suffered.

2. On the basis of the screenshots sent by your wife you can file a petition for dissolution of marriage on the ground fo adultery.

3. The interim maintenance order can be challenged in the higher court which can quash it in entirety or reduce it.

Ashish Davessar
Advocate, Jaipur
30752 Answers
930 Consultations

5.0 on 5.0

1. Slapping wife is not considered as the best conduct of her husband and it is certainly violence on her.

2. However, it will be prudent on your part to deny the said charge brought against you since there can not be any evidence left for your said conduct.

3. Recently Supreme Court has opined that violent misconduct committed rarely can not called as cruelty and in that line, if at all your such slapping is proved, you can take the line that it was done once in your entire period of marriaed life that too against extreme provocation.

4. While defending yourself in the said DV case, you can produce those screen shots and take the plea that the basic reason for filing the said DV is for harassing you legally to force you to agree for MCD which will enable her to marry her paramour with whom she is running an extra marital relationship now.

5. If you do not comply by the Court order, your property might be attached and you may be arrested and imprisoned for contempt of Court. Comply with the Court order.

6. You can also challenge the said ad-interim maintenance order before the appellate court by filing an appeal.

Krishna Kishore Ganguly
Advocate, Kolkata
26290 Answers
726 Consultations

5.0 on 5.0

Whether you slapped her or not, do not admit to have done this.

You may give any justification for your this act, the court will consider only if you admit it otherwise the burden of proof will lie on her to prove all other allegations besides this reported slapping.

The maintenance ordered now is only interim which will run til the disposal of the case.

You may file a revision petition if you feel this amount is exorbitant or the grant of maintenance itself is not justified.

Your screenshots will not be admissible as evidence, however her fake hospital records too can be challenged and nullified before court.

For her allegations of adultery agaisnt you, even if it is true, it is not an offence as far as husband is concerned, whereas in her case the adulterer can be punished under section 497 IPC for this offence.

You can decide about continuing the married life with her owing to her repeated mental tortures and adulterous life.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

You ought to comply with court orders of maintenance

Apply to court for cancellation of warrant

You would have problems in immigration if there is warrant pending against you

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

The RCR decree in your favor should have been brought to the notice of the court trying the DV case for interim maintenance.

However the non-payment of interim maintenance will not be a cause of concern for returning to India nor exiting India, but make sure that you do not reveal the program of your tour to India and back.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

1. As cautioned in my earlier post almost one year ago, your property has been attached and arrest warrant has been issued against you which should have been avoided by you.

2. Now the court can pass order directing the passport authorities to impound your passport and police also might apply for issuing LOC against you.

3. So, certainly you might face problem for your next sail unless you solve the present problem now suitably.

4. If you do not attend the Court even after receiving the Notice/Summons, your wife is expected to get the ex-parte decree/order in her favour in the said DV case filed by her.

Krishna Kishore Ganguly
Advocate, Kolkata
26290 Answers
726 Consultations

5.0 on 5.0

If you do not appear then there are high chances that you wife can win the case

Anilesh Tewari
Advocate, New Delhi
17878 Answers
349 Consultations

5.0 on 5.0

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