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No law for husbands to act against wives in marital cases: Madras HC
Chennai: There is no law like the Domestic Violence Act which allows a husband to proceed against a wife in cases relating to marital disputes, the Madras high court has said
Chennai: There is no law like the Domestic Violence Act which allows a husband to proceed against a wife in cases relating to marital disputes, the Madras high court has said.
Justice S Vaidyanathan made this observation while hearing a case on a plea moved by a government veterinarian, Dr P Sasikumar, against the criminal proceedings initiated against him by his wife.
Sasikumar had sought reinstatement in his job from which he was suspended based on a domestic violence complaint filed by his wife four days prior to the grant of divorce by a family court. The court observed that it appeared as though the respondent (wife) was unnecessarily harassing the petitioner anticipating a divorce order.
In its order dated March 21, which was made available on Tuesday, the court quashed the suspension and ordered that the petitioner be reinstated in service.
“Unfortunately, there is no provision like the Domestic Violence Act, to proceed against the wife by the husband,” the court said in its orders.
Besides this, the court observed that it is important that such couples leave their ‘ego’ and ‘intolerance’ like footwear outside the house to ensure a child does not lead a miserable life.
“The present generation must understand that marriage is not a contract, but a sacramental one. Of course, the word ‘sacrament’ has no meaning after coming into effect of the Domestic Violence Act, 2005, that, approves live-in-relationship,” the court said.
In this case, the petitioner in 2015 had moved a divorce petition contending cruelty and voluntary desertion by his wife, which was accepted by a family court.
The court added that whether the petitioner is guilty or not of the allegations made against him by the wife in her complaint would have to be decided by the appropriate forum.
