BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P. DEVADASS, J.
Selvarajan – Petitioner
Vs.
Sri Rengasubathra – Respondent
Crl. R.C. (MD) No. 475 of 2016 and Crl. M.P. (MD) No. 5455 of 2016
Decided On : 11-07-2016
Domestic Violence - Shared Residence - The court held that the husband's behavior of suspecting and linking his wife with others amounted to emotional abuse and fell within the definition of domestic violence under the Protection of Women from Domestic Violence Act, 2005. The court also emphasized the husband's duty to provide accommodation to his wife according to her standard of living, even in a rented premises.
Fact of the Case:
The husband filed a revision against the order of the Appellate Judge, which directed him to provide accommodation, pay maintenance and compensation, and issued a protection order to his wife under the Protection of Women from Domestic Violence Act, 2005.
Finding of the Court:
The court found that the husband's behavior constituted domestic violence and emotional abuse, and upheld the Appellate Court's decision, dismissing the husband's revision and the connected Miscellaneous Petition.
Issues: The issues involved the husband's duty to provide accommodation, maintenance, and compensation to his wife under the Protection of Women from Domestic Violence Act, 2005, and the interpretation of domestic violence and shared residence under the Act.
Ratio Decidendi: The court held that the husband's behavior of suspecting and linking his wife with others amounted to emotional abuse and fell within the definition of domestic violence under the Act. It also emphasized the husband's duty to provide accommodation to his wife according to her standard of living, even in a rented premises.
Final Decision: The husband's revision and the connected Miscellaneous Petition were dismissed, upholding the Appellate Court's decision.
1. This is an husband's revision as against his wife.
2. The revision petitioner and the respondent are blessed with a child, but not with a happy married life. The boy is 6 years old. He is a school going boy. Difference of opinion arose between the spouses. They got separated. The boy is with his mother.
3. Claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed M.C.No.2 of 2013 before the learned Judicial Magistrate No. I, Kovilpatti as against her husband and his parents. Evidence was let in. Report of the Social Welfare Officer received.
4. Considering the evidence and the submissions of both sides, the learned Magistrate directed the revision petitioner to provide her accommodation on a rent of Rs.10,000/- p.m., pay Rs.10,000/- towards monthly maintenance, Rs. 50,000/- towards compensation, return of her Srithana Articles and also issued protection order.
5. Aggrieved, the husband has filed C.A.No.38 of 2015, before the learned Additional Sessions Judge, Tuticorin. The Appellate Judge allowed the appeal in part, reduced the compensation amount to Rs.25,000/- and deleted the direction to pay Rs.10,000/- towards rent, instead directed her to bear the rent out of her monthly maintenance amount.
6. Aggrieved, the husband has filed this revision.
7. According to the learned counsel for the revision petitioner/husband, petitioner is a jobless B.E. graduate, he has no source of income. In her evidence she has admitted that there is no domestic problem between them and because he has filed a divorce case, she considered it a domestic violence. Further, Rs.25,000/- towards compensation is an heavy amount.
8. On the other hand, the learned counsel for the respondent/wife contended that the revision petitioner always suspected his wife. He had linked her with many persons. He had connected her with his father also. In the facts and circumstances, rightly protection order has been issued. He has lot of money. And what was granted by the Court itself is very less.
9. I have anxiously considered the rival submissions, perused the impugned judgments and the materials on record.
10. The revision petitioner and the respondent have become estranged couples. Lot of difference of opinion arose between them. Section 2(g) r/w Section 3 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) explains what is 'domestic violence'. It has various facets. Broadly they were categorized as physical abuse, sexual abuse, verbal and emotional abuse and economic abuse. Further, each phrase also has been elaborated. In short, in domestic relationship, domestic violence is analogous to matrimonial cruelty. Domestic violence comprises physical as well as mental cruelty. Mental cruelty is worse than physical cruelty. Physical cruelty/torture may heal but not the mental torture. It will be ever in her mind.
11. In this case, the husband is having the habit of suspecting his wife. He has the habit of linking her with many persons. He is too cruel to link her even with his father. It will be too dangerous and unbearable for a wife. It will be an hell for her. It also amounts to emotional abuse. For a good matrimonial relationship mutuality and cordiality between the spouses is required If it is lost, peace and happiness in family life will be lost. It will have its repercussions in the well being of the child also. In the facts and circumstances of this case, what is complained of is nothing less of domestic violence. Hence, this case will fall within the definition of Section 3 of D.V. Act.
12. The concept of shared residence has been introduced in the D.V. Act. It is a pious duty of the husband to provide a roof/shelter to his wife and children. Under the Act it is his duty to provide residence to his wife either from his own property or from his joint family property. Suppose if the husband has no property or he is having a property which is an hell for h
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