๐๐๐๐ฏ๐ฎ๐ป๐ฑ ๐ฐ๐ฎ๐ป ๐ฎ๐น๐๐ผ ๐ณ๐ถ๐น๐ฒ ๐ฐ๐ฎ๐๐ฒ ๐ฎ๐ด๐ฎ๐ถ๐ป๐๐ ๐๐ถ๐ณ๐ฒ ๐๐ป๐ฑ๐ฒ๐ฟ ๐ฃ๐ฟ๐ผ๐๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ผ๐ณ ๐ช๐ผ๐บ๐ฒ๐ป ๐ณ๐ฟ๐ผ๐บ ๐๐ผ๐บ๐ฒ๐๐๐ถ๐ฐ ๐ฉ๐ถ๐ผ๐น๐ฒ๐ป๐ฐ๐ฒ ๐๐ฐ๐: ๐๐ฎ๐บ๐บ๐ ๐ฎ๐ป๐ฑ ๐๐ฎ๐๐ต๐บ๐ถ๐ฟ ๐ฐ๐ผ๐๐ฟ๐
A Jammu and Kashmir court has directed a woman to pay Rs 10 lakh compensation to her husband for misusing the Domestic Violence (DV) Act against him.
After hearing both the parties on the application submitted by petitioner, seeking withdrawal of her petition filed under DV Act, observed that the case is one of the glaring examples of โabuse of process of law.โ
The Court issued directions after the petitioner (wife) sought withdrawal of her petition and respondent (husband) objected to it.
“This case is one such glaring example of abuse of process of law where the petitioner has protracted the proceedings up to the maximum capacity of its elasticity and a domestic violence petition which is, at the initial stage, has been dragged upto Supreme Court. The petitioner has ensured that the respondent (husband) remains deprived of the shared-household even if, the same is owned by the respondent,โ the Court said.
“DV Act has not been enacted to cause harassment to the other spouse or to further aggravate the matrimonial discord to the extent of throwing the respondent out of his own house. This legislation cannot be allowed to be used in a manner that it spoils life of couples living peacefully,โ Court said.
It added that โan act which is disproportionate to the level of protection can also be counterproductive and instead of giving protection to the legitimate cases of domestic violence, it may have the potential to destroy marital institution. Therefore, it is important to sift and weigh cases to preserve the efficacy of DV Act for legitimate and genuine cases.โ
This court allows the instant application seeking withdrawal of the instant petition of DV Act along with all other applications and the petition is dismissed as withdrawn. However, the petitioner shall pay cost of Rs.10 lakh to the respondent who has been deprived of shelter and accommodation from his own house under the garb of order obtained in the instant petition,โ Court said.
โBesides, both the parties are directed to restore the same position with respect to possession of the shared-household as existed on the date of the institution of instant petition,โ Court added.
It further directed that in case the petitioner fails to pay or does not pay the cost to the respondent within a period of one month from the date of this order, the same shall be recovered in the manner prescribed for recovering land revenue.