Domestic Violence at the age of 75: India is now certainly facing family breakdown syndrome

22 Apr 2019

April 22, 2019:

Bombay High Court has upheld the order of a family court which directed a husband not to disposed his wife from the matrimonial home and also to pay her Rs. 1 lakh for committing domestic violence.

A bench of Justice Kureshi and Justice has passed the order in case titled Subhash Anand vs Manoti Anand on 03.04.2019.

Husband and Wife are aged about 75 years and 72 years respectively. Since several years they are having matrimonial dispute. Unfortunate aspect of the matter is that at such advanced age, the Wife had filed the Criminal Misc. Application before Girgaon Court complaining of domestic violence at the hands of the husband. In such application, several prayers were made including restraining the husband from dispossessing the wife from matrimonial home namely flat nos. 2301-B and 2401-B situated at Om Vikas Co-operative Housing Society, Walkeshwar, Mumbai.

Family Court granted certain relief to wife by issuance of directions in sub paragraphs-2 to 10 as follows:

“2 The respondent is perpetually restrained from dispossessing the petitioner from the matrimonial home viz. Flat No. 2301-B and 2401-B, Walkeshwar Om Vikas Cooperative Housing Society Ltd., 105-107, Walkeshwar Road, Mumbai 400 006 under Section 19 of the Protection of Women from Domestic Violence Act,2005.

3 The respondent, his servants or anybody claiming for him perpetually restrained from entering into upper level of the duplex flat which is described as Flat No. 2401-B, Walkeshwar Om Vikas Co-operative Housing Society Ltd. 105- 107, Walkeshwar Road, Mumbai – 400 006 to protect right of the petitioner to reside under Sec 17 and 19 of The Protection of Women from Domestic Violence Act, 2005.

4 The respondent is permitting to reapply for re-induction of entry and use of upper level of the duplex flat viz. Flat No. 2401-B after six months of this order, if the undergoes any

mediation programme with reputed institution, NGO and produce certificate to that effect.

5 The prayer for compensation under Sec.20 of The Protection of Women from Domestic Violence Act, 2005 for damage to ledge stands rejected.

6 The respondent is directed to pay compensation of Rs.1 lakh to the petitioner under Sec.22 of the Protection of Women from Domestic Violence Act, 2005 for committing act of domestic violence by causing mental torture, emotional distress to the petitioner.

7 The respondent is directed to provide a set of keys of front door of lower level duplex flat to the petitioner for her smooth entry in the shared household.

8 The respondent is restrained from committing any further acts of domestic violence against the petitioner.

9 The petitioner is permitted to install collapsible gate on 4th step of internal staircase from down to secure entry to the upper level of the house.

10 The prayer to install CCTV camera stands rejected”.

Husband then approached the High Court challenging the reliefs granted to the wife. High Court opined that all the reliefs were validly granted except reliefs in sub paragraph-4 and 9. It therefore chosen to stay the same by observing “In the result, this civil application disposed of by staying the directions contained in sub-paragraphs 4 and 9 of the operative portion of the impugned order of the Family Court”.