Highlight: Marriage is a sacred institution that has lost its meaning due to the recognition of the live-in relationship. The Madras High Court quoted. The jury of Madras High Court laments the absence of the Domestic Violence Act for men. Men are unable to complain against their wives.
Why such a statement ?
BACKGROUND: It was a case of suspension of a governmental veterinarian. It was based on a complaint lodged by his wife. It accused the veterinarian of domestic violence. The complaint was made just four days before the couple was granted divorce by a Family Court.
The petitioner’s wife had initiated proceedings before an Additional Mahila Court in Salem in 2014. However, the petitioner opted for a divorce before the Family Court in Salem. He accused his wife of subjecting him to cruelty and deserting him of her own will.
The Family Court found force in a case raised by a writ petitioner. On 19.02.2020 divorce was granted to the petitioner. Notably, four days before the judgment the petitioner’s wife complained of domestic violence. The complaint led to the Director of Animal Husbandry and Veterinary Services. It resulted in the suspension of the petitioner from service dated 18.02.2020.
Although the complaint was of domestic violence, there was something odd. The timing of the complaint suggests that it was a deliberative attempt. The petitioner’s wife had anticipated the divorce. So she made the complaint.
What was the final verdict on the case?
It was stated that the suspension of the writ petitioner was unwarranted. Hence, the judge stated that the service should be given back to the petitioner. It was ordered to give the petitioner service back within 15 days.
The judge also gave a piece of advice to the married couple. He emphasized that ego and intolerance are like footwear. While entering the house it should be left outside. If not done, the child or the children will have a miserable life. It will negatively affect the entire well-being of the family.
Throwing light on the case:
It was based on this case that the Madras High Court expressed its concerns. The Judge felt that the present generation should understand and be sensitive. Also, marriage is not a contract to be broken at the drop of a hat. It is rather a sacramental event in a person’s life. The Court also added that the word sacramental has lost its meaning. It was mainly observed after the Protection of Woman from Domestic Violence Act of 2005 came into effect. It was because this act approves live-in relationships.
To summarize, Justice S. Vaidyanathan said that it is unfortunate that there is no law to protect men from their spouses.
In the end, a point to note is that we live in a patriarchal society. Crimes like domestic violence affect women from every social background. It is irrespective of age, religion, caste, or class. It has wider implications for society. Protection of Women from Domestic Violence is a necessary action against it. But, it should not be misused.
The young generation should ponder on this. We hope a word like sacramental doesn’t lose its meaning.
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