Friday, December 17, 2021

"Domestic Violence Act enacted to protect women, not harass men:" J&K court

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"Domestic Violence Act enacted to protect women, not harass men:" J&K court imposes ₹10 lakh fine on wife for misusing law against the husband.

Judge Fayaz Ahmad Qureshi said that the Act cannot be allowed to be used in a manner that spoils the lives of couples living peacefully.

"It is quite obvious that the object of Protection of Women (from Domestic Violence) Act, is to give protection to women from the violence which takes place when they live in such domestic relation. This is to protect legitimate and genuine cases where the aggrieved person does not indulge in acts that defeat the purpose and object of the legislation. Domestic Violence Act has not been enacted to cause harassment to the other spouse or to further aggravate the matrimonial discord to the extent of throwing the respondent out of his own house." 

The Court, therefore, imposed ₹10 lakh cost on a woman who after procuring orders under the DV Act to throw her husband out of his house, had eventually decided to withdraw her petition.

The Court allowed the wife to withdraw the case filed in the year 2019 but ordered her to pay ₹10 lakh to the respondent-husband as compensation since he was deprived of shelter and accommodation in his own house during the pendency of the petition.

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