The husband cannot shirk his liability to maintain the complainant on the pretext that she is qualified and competent enough to take a suitable job. Though in today’s scenario,even women are expected to shoulder the responsibility to run a household and earn for maintenance but the fact remains that the complainant is unemployed and without any income source
While passing the judgment, the court also made clear that this was not the case with only a daughter-in-law but also the same holds in case of an adult son or daughter as they too have no right to dwell in the self-acquired property of their parents against their wishes, reported The Times of India.
“A husband assaulting his wife is an offence under the Domestic Violence Act. The Parliament has conferred a right on the wife to protect her interest. If the wife exercises her right and lodges a complaint, it cannot be called an act of cruelty,” a High Court division bench comprising Justice N Kumar and Justice H Billappa observed.
Expressing apprehensions over the misuse of the anti dowry law, the apex court further stated that disgruntled wives increasingly use the Act to harass in laws.
It has been awhile now since the demand for an amendment of the Section 498A started coming from various corners. According to some estimates, lakhs of innocent men have found them on the receiving end of these laws without even committing a crime. In fact, the Supreme Court had also termed these unnecessary sufferings by innocent males as legal terrorism in 2005.
The bench of judges comprising Chief Justice Mohit Shah and Justice MS Sonak heard a petition filed by Kusum Harsora (54) and her 78 year old mother whose son is an abuser. The petition filed by the duo challenged the exclusion of women other than the wife or live-in partner of a male abuser from the ambit of the Protection of Women from Domestic Violence Act. The exclusion meant that none other than the spouse of an abuser was eligible to be included as ‘aggrieved persons” under the Act.
1. Short title, extent and commencement.— PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 20051 [No. 43 OF 2005] [September 13, […]