NRIs accused of domestic violence by daughter-in-law

A sessions court in Pune has rejected an application by a US NRI age 32, and his Africa NRI parents from Botswana, challenging a lower court's order on maintaining provisions under the Domestic Violence Act 2005 against them in a case filed by the man's 27-year-old wife who hails from Pune. The couple from Punjabi Hindu families were married in 2010 in Haryana and lived in Chandigarh for a short while before going to Botswana in 2011 to be with the husband's parents. In Jan 2011, the husband went to the US to work and his wife stayed back with her in-laws. Later the same month she returned to India after complaining she was being subjected to domestic violence in Botswana and filed a case against the three in Pune. The magisterial court granted her some relief, an interim maintenance of Rs.20,000 a month, and a restraining order on her husband and in-laws. Since then lawyers representing either side are debating whether the Domestic Violence Act has territorial applicability and whether the offence can be recognised by the court in India. The sessions court has now maintained that the rights of the parties has not been decided so a revision petition is not tenable. Opposition lawyers say they will attend the next hearing in Jan 2015.