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Unfortunately, no Domestic Violence Act for husband to proceed against wife: Madras HC

The high court was hearing a case filed by a veterinary doctor, who claimed that he was removed from the service on the basis of a complaint filed by his ex-wife where she had accused him of domestic violence.

City express News

 Chennai, June 2, 2021 :The Madras High Court on Tuesday said it was “unfortunate” that there was no provision like the Domestic Violence Act for a husband to proceed against his wife for lodging a false complaint.

A bench of Justice S Vaidyanathan made the remark while hearing a writ petition filed by a veterinary doctor, P Sasikumar, against an order of the Director of Animal Husbandry and Veterinary Sciences dated February 18, 2020. Sasikumar claimed that he was removed from the service on the basis of a complaint filed by his ex-wife, just days before their divorce, where she had accused him of domestic violence.

The court observed that “the timing of the complaint clearly shows that she had anticipated the divorce order and created unnecessary trouble to the petitioner”.

In 2015, Sasikumar’s wife initiated the divorce case against him by filing a domestic violence case before the Judicial Magistrate-cum-Additional Mahila Court in Salem. Subsequently, Sasikumar filed a complaint before the First Additional Sub Judge in Salem, alleging that his wife was subjecting him to cruelty and deserted him voluntarily.

Just four days before the verdict of the divorce petition, the woman is said to have sent a complaint to the Director of Animal Husbandry and Veterinary Services regarding the domestic violence complaint which was underway in court. Following this, Sasikumar was suspended from service on February 18, 2020. The couple got divorced a day later on February 19, 2020.

The court further said, “Husband and wife must realise that ego and intolerance are like footwear and should be left out of their house when they enter the home. Else, the child/children will have to face a miserable life.”

Justice Vaidyanathan said that marriages are “sacramental” events in a person’s life and should not be broken at the drop of the hat.

“Of course, the word ‘sacrament’ has no meaning after the coming into effect of the Protection of Women from Domestic Violence Act of 2005 that approves live-in relationships,” he said.

The court ordered the Director of Animal Husbandry to reinstate Sasikumar back to service within 15 days.

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