Domestic violance
minsal
(Querist) 13 September 2012
This query is : Resolved
Sir,
A Complaint filed by wife (Who is highly qualified, doing a job and earning about 75000/- per month) under D. V. Act against her husband and in-laws. in the said complaint she mentioned that her marriage is arranged marriage. prior to her marriage i.e. after engagement, her husband pressurized her on different issues like (1)after marriage she should not contact her parents, (2) she should change her old job, (3) he will look after his parents first, (4) he can leave her for his parents etc.
she alleged that apart from such types of harassment she married with the same fellow(For the reason best known to her!).
She further alleged that after marriage her husband and in-laws tortured her for not bringing ornaments and cash amount as Dowry (While in their community, there is no custom of Dowry.). she forced to do all the household works etc.
she further alleged that to save her matrimonial life she conceived a child and born a baby girl but her husband and in-laws were still tortured her continuously.
Dear Expert, do you think any highly educated lady can tolerate such types of harassment?
I do not understand that being a high qualified and independent lady why she tolerate all such type of cruelty?
when she aware about all the wrongs why she ready for marriage and why she born a child? and above all why she tolerate all cruel behaviour for years (about 4/5 or 6 years)and not filed any complaint against these people.
I personally know this family and they are very Humble and Indigent people.they can't do any thing wrong. compare to the family of the said lady, these people are very well settled.
is there any judgment/case- law to defend these innocent persons from such types of false allegation?
PARTHA P BORBORA
(Expert) 13 September 2012
as she has already filed the case you have to prove your case in the court and thus there is no tradition to claim dowry in your community is not at all a good defence at all. In the same way why tolarate the torture for 3 years and why she gave birth of a child does not prove that she was not subjected to phys4cal & mental torture. It is a criminal case so pl consult with a local criminal lawyer soon.
Advocate Rajkumarlaxman
(Expert) 14 September 2012
in some cases even after seven years of incidence domestic violence case can be filed and has been filed for your information. you have to prove your case and quash their pleadings.
minsal
(Querist) 14 September 2012
sir
My question is that court should not consider the point that when from the beginning a lady is tortured by some person then why she married to him? and especially when she is independent and highly qualified?
ajay sethi
(Expert) 14 September 2012
well even highly qualified aldies are victims of domestic violence . merely because she is educated does not mean that she cannot be a victim
Sudhir Kumar, Advocate
(Expert) 14 September 2012
Earlier query on the same subject was at http://www.lawyersclubindia.com/forum/Need-help-66038.asp
Your questions are attempted as under
do you think any highly educated lady can tolerate such types of harassment?
Ans : Yes. Even IAS, PSC Women have been subjected to domestic violence. Millions of cases of teachers and non-executive officials of Govt/private institution suffer. The need for such a law did not arise out of vacuum.
I do not understand that being a high qualified and independent lady why she tolerate all such type of cruelty?
Ans : Tolerance of such behavior for years does not create a license to the husband and his family to continue.
when she aware about all the wrongs why she ready for marriage and why she born a child?
Ans : The question itself is derogatory. Why should a woman abort a child simply because she is victim of domestic violence
and above all why she tolerate all cruel behavior for years (about 4/5 or 6 years)and not filed any complaint against these people.
Ans : It is not an obligation for her to keep tolerating for years. This actually proves her forbearance.
I personally know this family and they are very Humble and Indigent people. they can't do any thing wrong. compare to the family of the said lady, these people are very well settled.
Ans : So girls of well settled family must tolerate if they feel they are subjected to domestic violence.
If you know personally then become a witness and face cross-examination in court.
Arun Kumar Bhagat
(Expert) 25 October 2012
From the details provided it is obvious that from the side of husband it is good case for defence. There are e numerous judgments which you will find under 498A IPC. Try to utilise those judgments in DV act. In order to get those judgments you have to search Criminal Law Journals. A little bit of homework will give you amazing results.
