While making some interesting observations, Madras High Court expressed the concern that it is so unfortunate not to have any provision like the Domestic Violence Act to proceed against the wife by the husband for lodging a false complaint.
“It appears that, the 2nd Respondent (woman-complainant/ wife of the petitioner) is unnecessarily harassing the Petitioner. Unfortunately, there is no provision like the Domestic Violence Act, to proceed against the wife by the husband. Complaint has been given four days prior to grant of divorce by the Family Court, which itself clearly shows that the 2nd Respondent has anticipated divorce order and created unnecessary trouble to the Petitioner,” read the order dated March 31.
Justice Vaidyanathan also opined that marriage has lost its sanctity after live-in-relationships were approved under the Domestic Violence Act.
“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. Husband and wife must realize that, ‘ego’ and ‘intolerance’ are like footwear and should be left out of their house, when they enter the home, else, the child/children will have to face a miserable life,” observed Justice Vaidyanathan.
The High Court was hearing a matter where a husband was seeking reinstatement to his job, from which he was suspended over the complaint filed by his wife over a domestic dispute.
The petitioner had moved a divorce petition contending cruelty and voluntary desertion by the wife. The plea was accepted by the Family Court.
His wife has filed a domestic violence complaint against him and failed to appear before the court even despite the service of notice. Considering the situation, the court opined that the wife may have filed the complaint just to harass the petitioner (husband). Therefore, Justice Vaidyanathan ordered the reinstatement of the petitioner to his job within 15 days.
“As the family issue has already been dissolved by means of the order dated 19.02.2020 passed by the Family Court in H.M.O.P.No.11 of 2015, the question of placing the Petitioner under suspension does not arise, more so, when there is a finding of cruelty and voluntary desertion by the 2nd Respondent herein. It appears that, only to harass the Petitioner, the present complaint has been lodged by the 2nd Respondent, based on which, Police have initiated action and the 1st Respondent/Department has placed the Petitioner under suspension,” noted Justice Vaidyanathan.
The High Court order further stated, “In case, the matter ends in compromise or the Petitioner is acquitted of the charges, as the Family Court has already held that, there is cruelty and desertion by the 2nd Respondent, the Petitioner will have to be paid by the Government, without extracting any work.”
Cases Where Men Suffered Severe Harassment Over False Complaints Filed By Women
Saravjeet Singh vs Jasleen Kaur:
Jasleen Kaur uploaded a photo of Singh on Facebook accusing him of eve-teasing and sexual harassment. He got many titles like ‘Delhi ka Darinda’ and ‘pervert’. Even after an eyewitness vouched for Singh, it took four years for him to get acquitted. On the other hand, the girl appeared only one time in 15 hearings.
He lost his job, friends, and the worst was mental agony. The complainant did not even apologize.
Allahabad High Court acquitted Vishnu Tiwari of false rape charges after he spent two decades in jail. He was arrested at the age of 23 and was released when he was 43. He lost all his family and was not even allowed to attend the last rites of his family.
“I have been in jail for 20 years… what should I look forward to? My body is broken and so is my family. I only have a younger brother. I am not married. Look at my hands… there are blisters from working in the jail kitchen. Today, before leaving, I got ₹ 600 from the jail administration. That is all I have,” said Vishnu Tiwari after being released from jail.
Karan Mehra and Nisha Rawal Domestic Violence Case
Another case of domestic violence is doing rounds on the internet nowadays. Ye Rista Kya Kehlata Hai Actor Karan Mehra was arrested on Monday after his wife Nisha Rawal accused him of physically assaulting her. He later got bail.
Karan Mehra has been booked under Section 336 and Section 337 of the Indian Penal Code.
However, he denied all the allegations and claimed that Nisha smashed her head on the wall to implicate him in the alleged assault case. He also claimed that Nisha is suffering from bipolar disorder.
What is your opinion on the case???
Men’s Rights Movement in India
Men’s rights activists claim that domestic violence cases against men have increased in recent years. Unfortunately, many cases go unreported either to avoid the shame to report the abuse as a man or because of the fear of facing false complaints in reprisal. Indian Social Awareness and Activism Forum (INSAAF), and Confidare Research have drafted a bill titled ‘ Saving Men from Intimate Terror Act (SMITA)’ to protect men and boys from domestic violence from their spouses, girlfriends, and parents.
Save Indian Family Foundation (SIFF) termed the Domestic Violence Act as legal terrorism and has been working to make it gender-neutral.
As many as 1,774 men from 22 states across India reached out Save Indian Family (SIF) foundation in April 2020, alleging domestic violence by their spouse