Stay updated with the latest - Click here to follow us on Instagram
In 2008,the Madhya Pradesh High Court for the first time granted a Muslim woman her right to accommodation in her husbands ancestral house after their divorce,though it is considered Haraam under the Muslim Personal Law.
Shahnaz Khan,the complainant had approached the magistrate court seeking justice under the Protection of Women from Domestic Violence Act,2005. When the lower court granted relief to Khan,her husband approached the High Court. Dismissing his contention,the High Court observed that even a divorced woman is entitled to relief.
This gender-specific enactment that came into being around five years ago has brought in several landmark judgments in womens favour. But some women who face domestic violence contend that this law still continues to face a hostile approach from some magistrates and lawyers.
Majlis,a womens rights organisation,recently launched a book Defending Women Against Domestic Violence. It is a compilation of all verdicts in favour of women who had experienced domestice violence. The lawyers working on various womens rights issues in different districts have decided to take the book to magistrates.
I take up matrimonial cases. This book primarily emphasises various exceptional court verdicts to help women get justice. A magistrate,judge,legal practitioner or a police officer who wants to know about verdicts pertaining to the Domestic Violence Law,can refer to this book, says Advocate Nirmala Choudhary from Ahmednagar.
Although the book gives a rosy impression that all court verdicts have been in favour of women,it is true that the victims had to move upper courts whenever they got adverse rulings in lower courts. Many magistrates are apprehensive of hearing domestic violence cases and suggest us to move family courts. Advocates also have a mindset that women tend to misuse the law. Even years after it (the law) came into being,the general perception is appalling, says Advocate Audrey Dmello.
Stay updated with the latest - Click here to follow us on Instagram