Excelsior Correspondent
Srinagar, Dec 17: A local court here imposed costs of Rs 10 lakh on the wife for depriving her husband from shelter and accommodation of his own house under the garb of domestic violence case and directed both to restore the possession of the shared house.
Judge Small Causes presided by Fayaz Ahmad Qureshi while elaborating the object of Domestic Violence Act said, the object of protection of women from domestic violence under the Act is to give protection to women from violence which takes place when they live in such domestic relation.
“This legislation cannot be allowed to be used in a manner that spoils life of couples living peacefully. An act which is disproportionate to the level of protection can also be counterproductive and instead of giving protection to the legitimate cases of domestic violence, it may have the potential to destroy marital institution”, reads the judgment.
Court while allowing the application of wife seeking withdrawal of case filed under DV Act directed her to pay cost of 10 Lakh to the respondent-husband who has been deprived of shelter and accommodation from his own house under the garb of order obtained in the instant petition.
“In case, the wife fails to pay or does not pay the cost to the respondent-husband within a period of one month from the date of this order the same shall be recovered in the manner prescribed for recovering land revenue”, court directed.
Court said, the case in hand is one such glaring example of abuse of process of law whether the wife has protracted the proceedings up to the maximum capacity of its elasticity and a domestic violence petition which is, at the initial stage, has been dragged upto Supreme Court of India and the wife has ensured that her husband remains deprived of the shared-household even if, the same is owned by him.
“This court does not want to comment upon whether by depriving the respondent-husband who is the owner of the shared-household it would have traumatized him or would have satisfied the grievances of his wife. The wife, as observed by Court of Principal Sessions Judge, Srinagar has divested the respondent-husband from his own home and suddenly she has approached before this court with the application under consideration seeking withdrawal of the petition under Domestic Violence Act filed by her”, Court recorded.
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