The Madras High Court on Tuesday said that it was “unfortunate” that there was no law like the Domestic Violence Act or in cases relating to marital disputes for a husband to proceed against a wife for lodging a false complaint.
A bench comprising Justice S Vaidyanathan observed that while hearing a case on a case on a petition filed by a veterinary doctor, P Sasikumar, against an order of Director of Animal Husbandry and Veterinary Sciences dated February 18, 2020. Sasikumar has claimed that he was dismissed from his service based on a complaint filed by his ex-wife, just days before their divorce. He faces trials of domestic violence.
Sasikumar has demanded to get reinstated to his job from which he was suspended based only on a domestic violence complaint filed by his wife days before their divorce by a family court.
The court observed that "the timing of the complaint clearly shows that she had anticipated the divorce order and created unnecessary trouble to the petitioner".
Sasikumar’s wife had filed a domestic violence case against him before the Judicial Magistrate-cum-Additional Mahila Court in Salem. Subsequently, Sasikumar filed a complaint before the First Additional Sub Judge in Salem, accusing that he is being subjected to cruelty and that his wife deserted him voluntarily.
The woman had sent a complaint to the Director of Animal Husbandry and Veterinary Services just four days before the divorce petition, alleging domestic violence complaint which was underway in court.
Following this, on February 18, 2020, Sasikumar was suspended from his service and the couple got divorced a day later on February 19, 2020.
In a court order dated March 21, Sasikumar’s suspension was quashed and an order to reinstate the petitioner back to service within 15 days.
“Unfortunately, there is no provision like the Domestic Violence Act, to proceed against the wife by the husband,” the court said in its orders.
“Husband and wife must realise that ego and intolerance are like footwear and should be left out of their house when they enter the home. Else, the child/children will have to face a miserable life,” the court stated.
“The present generation must understand that marriage is not a contract, but a sacramental one. Of course, the word ‘sacrament’ has no meaning after coming into effect of the Domestic Violence Act, 2005, that approves live-in-relationship,” the court noted.