GREATER RESPONSIBILITY

The courts hold greater responsibility in checking the veracity of the cases of domestic violence as recently a startling case has opened the eyes of many as the Domestic Violence Act was grossly abused leading to harassment of the victim spouse. The court in the UT of J&K has held that Domestic Violence Act, 2005 (DV Act) has been formulated and enacted to shield women from atrocities/violence and not cause harassment to other spouse. It is a very important ground reality that in some cases the provisions of the Domestic Violence Act, 2005 further aggravate the marital discord and disrupt the conjugal lives of couples which should not be the case. Though, the judge of Small Causes Court in J&K has fined the wife for abusing the aforesaid Act, the onus of understanding and uncovering such abuse of the law totally is on courts as no one should be framed as in the aforesaid case and face undue harassment. The cases of such natures should be publicized in a big way so that people should think a thousand times before framing someone into a false case under Domestic Violence Act. The court in Jammu and Kashmir gave very relevant observations while hearing a petition filed by a woman alleging domestic violence from her husband by saying that it is quite obvious that the object of Protection of Women (from Domestic Violence) Act, is to give protection to women from the violence which takes place when couples live in such domestic relation. This is to protect legitimate and genuine cases where the aggrieved person does not indulge in acts that defeat the purpose and object of the legislation. The Domestic Violence Act has not been enacted to cause unnecessary harassment to the other spouse. All said and done, the courts should assess the cases in a very fair manner so that no one could misuse the law and implicate the innocent in such legal intricacies.

Editorial editorial article 1