The present petition
u/s 482 Cr.P.C. has been filed by the petitioner wife who was awarded
maintenance under the provisions of the Domestic Violence Protection of Women,
Act, 2005 by the Learned Additional Chief Judicial Magistrate, Bassi vide order
dated 11.10.2007. The appeal preferred by the respondent husband against the
order passed by the learned Magistrate came to heard and decided by the learned
Additional Sessions Judge, Jaipur District, Jaipur and the learned Additional
Sessions Judge by order dated 8th January 2008 set aside the order
dated 11.10.2007 granting maintenance to the petitioner wife on the ground that
respondent husband had filed a petition u/s 9 of the Hindu Marriage Act for
restitution of conjugal rights which was accepted and a decree for restitution
of conjugal rights was passed. Despite the decree, the petitioner wife did not
go to live with her husband and thereupon, an application for divorce was
filed, which was accepted and a decree of divorce was granted in favour of the
husband, on the ground that the petitioner wife had deserted her husband
without any reasonable cause.
After the order of
restitution of conjugal rights was passed against the wife, she had two
options: (i) either to challenge the same or (ii) to comply with the same.
If the wife chooses
neither then she cannot be allowed to take the plea that the husband is
committing domestic violence on her. If the wife does not perform her
matrimonial duties without any justifiable cause, then she can not be permitted
to say that the husband is committing domestic violence on her.
The upshot of the above
discussion is that there is no merit in the present petition u/s 482 Cr.P.C.
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Miglani [President]
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1 comment:
498 A is being misused by the women same domestic violence is misused by the women now after marriage women will get share in Matrimonial property
Now after marriage women will get property share women will too misused the law now the court cases will be 6000 cores
Equality before law should be for women and men
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