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Home / Locale / ‘Woman can’t be expected to bear cruel treatment’

‘Woman can’t be expected to bear cruel treatment’

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CHANDIGARH: Setting aside the charges of cruelty against a woman for lodging several complaints against her husband for restitution of marital ties, the Punjab and Haryana high court has held that the woman cannot be faulted in approaching the authorities for her rights as “she cannot be expected to endure the husband’s cruel treatment till blue in the face.”
“It is the cardinal rule of matrimonial law that the spouses are entitled to consortium of each other… Even if, we accept that the husband started staying separately on account of her lodging a complaint under Domestic Violence Act, she cannot be faulted with on that count. It is not hard to discern that she had been pushed against the wall by the husband’s own misconduct leaving her with no other option but to seek protection from the authorities. The lament of the husband that it was on account of the wife’s misconduct he had to shift out is unacceptable as he comes across the erring party. The wife could not have been expected to endure the husband’s cruel treatment till blue in the face,” observed the high court.
Couple has two daughters
Man’s testimony corroborates wife’s version: HC
The division bench of the high court, comprising Justice Rajan Gupta and Justice Manjari Nehru Kaul, passed the order while allowing a plea filed by a woman against order dated October 1, 2015, on annulment of her marriage with her husband by a family court in Gurgaon.
The facts of the case are that marriage between the parties was solemnized in May 1992 and the couple had two daughters. The man alleged that his wife was not only arrogant, ill-tempered and of a quarrelsome nature but was also a drunkard and heavy smoker, who would refuse to discharge her marital duties towards him.
According to him, he put up with the misbehaviour of his wife for more than 15 years but was compelled to leave home along with his elder daughter after he was being harassed by his wife by filling several “false” complaints for domestic violence and other before police and other platforms.
Refuting the allegations, the woman submitted that she was a well-accomplished person with a sound and sober mind. It was, in fact, her husband, who was ill-tempered and consumed by his vices. He would indulge in abusive behaviour under the influence of alcohol and would not hesitate to get violent. Her contention was that she had to approach the authorities to restore her marital ties.
Accepting man’s contentions, the family court in Gurgaon had granted divorce against the wife. Aggrieved by the family court’s orders, the woman had approached the HC.
After hearing both the parties, HC was of the view that if it accepts the version of the man that his wife had reported against him to the protection officer and thereafter the policemen came to his house or he was summoned to the police station, it just goes to reflect and rather corroborates the wife’s version of being subjected to acute cruelty and torture leaving her with no other option but to seek the help of the authorities.

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