Alas, men have no domestic violence law: HC

Alas, men have no domestic violence law: HC

Junks ‘Domestic Issue’ Case Filed On Man By Wife

Sureshkumar.K@timesgroup.com

Chennai:02.06.2021  

Times of India 

Reinstating a suspended officer who had suffered cruelty and voluntary desertion by his wife, the Madras high court on Tuesday bemoaned the lack of legal provisions akin to the Domestic Violence Act for a husband to proceed against his wife.

“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,” observed Justice S Vaidyanathan on Monday.

The case related to the suspension of Dr P Sasikumar by the director of animal husbandry and veterinary services in Chennai on the ground that he was “involved in a domestic issue” and on the basis of a complaint lodged by his estranged wife.

However, Justice Vaidyanathan, pointing out that the domestic violence complaint was lodged by his wife just before the ruling in a long-drawn divorce case, said: “It appears that only to harass the petitioner, the present complaint has been lodged by his wife, based on which police initiated action and the department placed him under suspension.”

The complaint was given four days prior to grant of divorce by the family court which clearly shows that the wife has anticipated divorce order and created unnecessary trouble to the petitioner, said the judge in his ruling.

No need to place petitioner under suspension: HC

The divorce proceedings, initiated before a Salem court in 2015, ended with the divorce order in February 2020.

Justice Vaidyanathan said there was no need for the department to place the petitioner under suspension, and ordered his reinstatement within 15 days. “As the case on hand is an exceptional one, this court interferes with the impugned order of suspension passed by the director of the department, and directs him to reinstate the petitioner in service within 15 days,” the judge said.

Justice Vaidyathan then observed: “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.”

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

JUSTICE VAIDYATHAN