Usually my impression is that as far as judicial decisions are concerned, Chennai is a place filled with white knightery, where it is easy to get judgments in favour of women; even based on flimsy evidence but more based on emotions. I remember reading a judgment where a woman was granted maintenance under DV Act after a one-night stand with an office co-worker at his house. Some “beneficial legislation” interpretation it must be that one night spent with office co-worker in his house turns that into a live-in relationship! The problem with such benefit-and-relief-awarding interpretations is that interim maintenance gets awarded in DV cases routinely with no evidence of any violence whatsoever, because the DV Act is drafted in such a way that it talks only about what reliefs can be given to woman; and not about after giving what kind of proofs the asked reliefs can be given!
But going in reverse gear, now Chennai high court has said openly that Domestic violence act (PWDVA) is not gender-neutral and is prone to misuse.
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Neutral law needed to protect victims of domestic violence: HC
Madurai: The Madras High Court on Thursday called for a “neutral and non prejudicial” law to protect genuine victims of domestic violence, irrespective of the gender, noting that existing law contains a flaw that lends itself to easy misuse by women.
“The notable flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to teach lesson to their male relatives and will file frivolous and false cases,” Justice S Vaidhyanathan said.
He was dismissing a petition by a woman who sought to stop the promotion of her father-in-law, a government school teacher, citing pendency of a criminal case filed against him and other in-laws on a complaint from her.
The judge pulled up the woman for using domestic violence act as a tool to ‘wreak vengeance’ on her father-in-law and imposed a fine of Rs 5,000 on her.
A find of Rs 5000 is quite a drastic step going by standards of penalties and fines imposed in Indian courts. That tells that the judge was serious enough in sending more than a message, which is to penalize the woman who was using DV Act for her own agenda.
The petitioner had submitted she was thrown out of her matrimonial home after she lodged a police complaint accusing her husband of demanding dowry and father-in-law of attempting to molest her based on which a case had been registered.
She came to know that her father-in-law was going to be promoted as headmaster, she said contending that as per rules a person having a criminal case against him was not entitled to be promoted.
She made a representation to the officials against her father-in-law to take departmental action, but no action was taken.
Usually it is seen that the father-in-law is quite protective of daughter-in-law and in many cases will start questioning his own son believing the sob stories of daughter-in-law, rather than his own son who he has known for years. Maybe such false cases filed by daughter-in-laws will slowly wake up some more elderly white knights in the population, who are usually the last to understand that the old traditions and rules of society can’t be applied blindly anymore, hoping that they will work just like in the past.
By the way, I think it is the first time that any high court in the country has questioned the foundation of and commented on ill-effects of a law like Domestic violence act. So far the trend in judiciary has been to avert the gaze from rampant misuse, keep ordering interim maintenance to all women who ask for it; and give some platitudes once in a while about misuse of IPC 498a (and neutralize it simultaneously by recommending to make it compoundable). This could be a sign that judiciary itself is not feeling comfortable by their own decisions, and where it might lead society in future.
velu says
December 29, 2015 at 9:14 pmUntil and unless the men’s wake up against these problems cannot be stopped. because the law is to protect only women. Even if she is a prostitute. And more over men should stop marrying and be single, this should be done in mass activity then only men’s will get a justice. Can this happen if we ask majority says not at possible.This is the reason for huge number of divorce cases all over india. Especially in Chennai if you people take majority of wifes false complaints to seek alimony.And they do this a business. And final women association say its women right we will do it. Even the courts shuts in mouth and supports them.
Saurabh says
May 17, 2019 at 12:06 pmI criticise the way to perform marriage, now it must be necessary for girl and parents to perform necessary paper work to not to blame or demand of dowry after the marriage and no legal action will be invoked by any party, duly signed before the marriage. And such paper should be under supervision of family courts or other court because family court will be abolished then. I WONDER WHY SUCH A LAW IS NOT MADE? Which foolish government favoured Such matrimonial laws to exist? And doing nothing against. I have tonnes of abuses for them after being a victim now.
Lalit Kumar says
July 26, 2015 at 11:30 amSir can you send either hard copy or soft copy of ” How to fight and reduce maimtainenc under crpc 125 and dv act ” by you. I will remit the amount in advance as desired by you.
TR NIMADE says
July 14, 2015 at 7:26 pmDear Sir, the whole site has been searched in the judgment section of madurai bench of madras high court from 01/03/2015 to 19/07/2015 but did not find the same.
It will help the victim of the DV ACT TO A GREAT EXTENT IF THE FULL JUDGMENT IS PUBLISHED IN THE FORUM
REGARDS
videv says
July 17, 2015 at 10:58 pmI don’t think one general pronouncement on DV Act will be of great use in individual cases.
If someone needs it so badly, they can try filing an RTI on registrar HC or whoever is PIO of Chennai HC or their record-keeping section to get this judgment. Usually courts are not enthusiastic about RTIs, but it may trigger them into action if they forgot to upload it.
Mohamed says
June 28, 2015 at 5:08 pmI got married in chennai and immediately I took my wife to dubai in resident visa we both lived in UAE 5 months she tortured me a lot to keep her mom with us but since my financial situation I can’t able to take her mom to dubai so I told my wife it’s not possible to take her mom and on that time she was 3 month pregnant suddenly she made some dramas lik feeling sick and went back to India without my permission once reaching chennai my wife and her mom threatened me to arrange visa for my mother in law or else they will make false complaint against me in chennai I was shocked compactly then after free days they filed false complaint in local station lik dowry harrasment sexual harassment and mental torture now my parents are running behind to police station and police continuously trying to pull me from dubai but as per my advocate instruction I didn’t went back to India since police can able to block my passport and they can able to spoil career and life. Can anyone suggest me?? Is there any chances is there fight against them ? My doubt is she lived here in dubai she didn’t complaint in dubai police & not with anyone but how come she can file a false complaint in chennai without any proof ?? Can u anyone plz help me
Mohamed says
June 28, 2015 at 5:10 pmShe aborted my baby too now I tried to complaint through by mail to commissioner of police for infanticide but no one is taking action all are giving importance to that false complaint only
Sachin says
July 21, 2015 at 4:32 pmI feel , unless she gives the proofs of domestic violence police should not do anything to your parents. I don’t understand , why police is harassing your parents. Your lawyer should take a strong stand.
I feel there should be a law which should be used to punish the person who files false complaint.