Beat Wife, loose house

Dec 08, 2018, 08:00 IST | Vinod Kumar Menon

Metropolitan Magistrate Court, Bhoiwada directs man accused of domestic violence to provide home for wife and children or vacate his own Worli house and let them live there

Beat Wife, loose house
Illustration/Ravi Jadhav

The Metropolitan Magistrate Court, Bhoiwada, has come down heavily on a man for bashing up his wife and abusing her verbally over many years. On Friday, the court asked the man to either provide alternative accommodation for his wife and children within 60 days, or leave his house immediately.

The man has also been asked to give his family a monthly maintenance of Rs 40,000, even though no divorce petition has been filed. This unusual order passed by the court has not only come as a relief for the harassed wife, but has also become a ray of hope for all those women who are victims of domestic violence. This would definitely give them courage to speak up against such extreme physical and emotional torture.

Speaking to mid-day, Advocate Manish Gala, who appeared for the complainant said, "In her complaint before the magistrate court under section 12 of the Protection of Domestic Violence Act 2005, she had stated that her husband not only behaved rudely with her but also with their daughter. He would abuse her physically and mentally, and would also coerce her to leave the house. She even alleged that her husband was having an extra marital affair."

Physical abuse
Describing an incident that happened on November 4, 2017, Gala said, "The man thrashed his wife and daughter so badly that they had to undergo medical treatment. Though the abuse continued, she got the courage to register a police complaint only on March 6, 2018."

He further stated, "The complainant said that the matter was even discussed with elders from their community, who held a meeting on March 15, 2018, wherein the man admitted to having an extra marital affair. He had even given a written assurance saying that he would arrange for a 2BHK apartment for his wife and children, pay R1.5 crore as maintenance and R30,000 towards monthly expenses. But, the woman claimed that he did not honour his own words."

According to Gala, On May 12, 2018, after an argument broke out between the two, he started abusing her. When their daughter intervened, she was also not spared. The complainant was physically abused as well, which led to physical injuries. And when she spoke about filing a police complaint, he allegedly threatened to upload some of her intimate pictures on social media.

Police complaint filed
Meanwhile, on learning about the incident, her brother rushed to the house, and took her to a nearby hospital and later to the police station, where a complaint was filed. The police registered a non-cognisable offence and warned the husband. However, they did not seize his mobile phone for further investigation, the complainant stated.

She even alleged that the following day when she opened her cupboard she found her gold jewellery missing, which her husband had allegedly taken. Also, to harass them further, he had put up CCTV cameras in all rooms of the house. She further said that her husband forced her to contemplate committing suicide, but she did not take the extreme step.

Welcoming the order, Advocate Gale said, "We are happy that the court has passed an interim order in favour of my client, giving strict directives to the respondent/s. We received the order copy two days back. Hopefully, her husband will follow the directions." When asked if the respondent could challenge the court order, Gala replied in affirmative stating that such appeal could be filed only before the Bombay High Court in case of domestic violence.

Court order
After hearing arguments of both the sides, the court passed the interim order and said, "The respondents (husband and others) are restrained from any sort of violent behaviour against the applicant and her daughter." It also directed that a copy of the order be sent to the concerned police station for information and further action in the case.

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