Recently, the Supreme Court facilitated the reconciliation of an estranged couple in a domestic violence case while issuing a stern warning to the husband regarding the treatment of his wife. The Court deviating from the usual approach of allowing case transfers to the wife’s residence, engaged in direct dialogue with the women and provided assurances for her safety. The bench emphasised that any future complaints of mistreatment would lead to severe consequences for the husband.
The case involved a woman from Maharajganj, Uttar Pradesh, who had accused her husband of severe domestic abuse, including an attempt to burn her. She expressed deep apprehension about reuniting with him, fearing for her life and the well-being of their two minor children. The woman strongly opposed living with her husband, citing repeated acts of violence and a life-threatening incident. She questioned the Court on what could be done if her husband harmed her again, highlighting her lack of trust in his assurances.
The husband, on the other hand, submitted an affidavit of good behaviour, pledging to treat his wife with respect and abide by legal and moral responsibilities. He expressed his willingness to reunite with her and assured the Court of his commitment to a peaceful marital life.
The Apex Court bench, comprising Justice Surya Kant and Justice N.K. Singh firmly warned the husband about the consequences of any future misconduct. Justice Kant addressed the husband directly, stating “If we receive a single complaint of ill-treatment from her, we will send you to Andaman Jail with a direction that no court would grant you bail. When you marry, you carry the responsibility of treating your wife with respect.”
Emphasizing the gravity of the situation, the Court remarked “Your future depends on the good conduct certificate given by your wife. If she gives you a bad report, you will face the consequences.”
To ensure the wife's safety, the Court directed the Patel Nagar police station in Delhi to assign a female constable or head constable to visit the couple's residence daily in the evening and inquire about her well-being. The officer was ordered to maintain a daily record of her statements and submit a report to the Court after 15 days.
The Top Court, while facilitating the reconciliation of the couple, underscored the necessity of ensuring the wife's safety and dignity. It mandated close police supervision and reiterated that any act of domestic violence would lead to stringent legal action against the husband. The Court’s intervention aimed at balancing the need for marital unity with the imperative of safeguarding the fundamental rights of the wife.
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