February 13, 2012 2:18:09 am
A court in the Saket district courts complex set aside a magistrates order that denied a woman monetary relief on the basis of her husbands unsubstantiated claims of adultery.
The woman had petitioned Pooja Talwar,Metropolitan Magistrate (Mahila Court),Saket under Section 12 of the Protection Of Women From Domestic Violence Act,2005 (DVA),asking for monetary relief. She alleged her husband had forced her to have a relationship with another person,and five children were born out of wedlock. Her 1998 marriage ended with her being beaten up and thrown out of the house in 2007.
The magistrates court issued a notice to the husband,who replied that his estranged wife was having an illicit relationship and had left him on her own.
The magistrate accepted the husbands version,and denied the woman monetary relief.
The wife appealed to a sessions court,and in his order,District Judge R K Gauba said such a judgement was not expected from a woman judge. To say the least,the approach of the Ld. Magistrate is very disappointing. The reasoning applied by her is highly irresponsible. Coming from a lady judge,these observations give rise to serious concerns about total disconnect with harsh ground realities and probabilities of human behaviour /conduct, the court said.
Judge Gaubas order then went on to state that the magistrate was wrong to assume that women cannot be driven into prostitution.
There was nothing on record before the Ld. Magistrate to substantiate allegation of the husband that the appellant was involved in illicit relationship,so much so,to describe the said other person as her paramour. The cases of women being forced or driven into prostitution are not unknown, he said.
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