Unfortunately, No Domestic Violence Act For Husband To Proceed Against Wife, Says Madras HC
The Madras High Court said it was "unfortunate" that there was no provision like the Domestic Violence Act for a husband to proceed against his wife for lodging a false complaint.
A bench of Justice S Vaidyanathan made the remark while hearing a writ petition filed by a veterinary doctor, P Sasikumar, against an order of the Director of Animal Husbandry and Veterinary Sciences dated February 18, 2020.
What was the case
Sasikumar claimed that he was removed from the service on the basis of a complaint filed by his ex-wife, just days before their divorce, where she had accused him of domestic violence.?The court observed that "the timing of the complaint clearly shows that she had anticipated the divorce order and created unnecessary trouble to the petitioner".
In 2015, Sasikumar's wife initiated the divorce case against him by filing a domestic violence case before the Judicial Magistrate-cum-Additional Mahila Court in Salem.?Subsequently, Sasikumar filed a complaint before the First Additional Sub Judge in Salem, alleging that his wife was subjecting him to cruelty and deserted him voluntarily.
The case also prompted the Court to comment on the dwindling sanctity attached to the "sacrament" of marriage, particularly 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," the Court said.
The court ordered the Director of Animal Husbandry to reinstate Sasikumar back to service within 15 days.
