Domestic violence cases pending for over 3 yrs
March 2008: A school teacher had filed a case against her husband accusing the latter of infidelity. It is awaiting cross examination of the husband.
* July 2009: A housewife had filed a case complaining physical harassment and ouster from her house. The case is awaiting a decision on alimony to be paid by the respondent.
* November 2010: A housewife had complained of physical harassment by her husband. The notice is yet to be issued to the respondent.
The fate of several cases filed under the Domestic Violence Act, 2005 is similar. The Act mandates that these cases should be decided within 90 days of their filing.
In the first case, the complainant stated that the husband had married another woman and had been residing with his second wife for over six months without divorcing the complainant. While the complainant is currently residing in a shelter home with her two children aged below fifteen years, she is yet to receive maintenance.
Meanwhile, the second case has the complainant accusing her husband of causing mental and physical harassement to her. While it has been a year since the complaint was filed, the summons have not yet been issued to the respondent. The two have been living separately for the last eight months.
Further, in the third case, the complainant had grievance of being physically harassed by her husband and being thrown out of her own house (which is registered in the name of her parents). The case is awaiting a date for final arguments for the last six months and she continues living in a shelter home.
In the third case, the complainant’s lawyer last month had moved an application for transferring the case to the mediation centre.
However, the response of the court is still awaited.
“As the case is being delayed, we thought of requesting the court to refer the matter to the mediation centre so that the complainant could seek relief. We are waiting for the court’s order,” said Rajan Malhotra, the complainant’s lawyer.
https://www.indianexpress.com/news/domestic-violence-cases-pending-for-over-3-yrs/874202/2
