High Court dashes woman’s 22-yr hope for marital rights
Fighting for maintenance from her runaway husband since 1989, Chitralekha’s hopes were dashed when the HC ruled against her; Supreme Court is now her last hope
In the summer of 1989, Chitralekha Kunju Swami ran away from home to spend the rest of her life with the man of her dreams -- Shibu Kunju Swami, a Christian man from Dahisar.
Nineteen years later, in 2008, in a mercy killing plea to the President, she wrote: “My husband deserted me three months after our marriage in 1989. I kept fighting and learnt that he had re-married. What am I supposed to do? What is my status - am I married, single or divorced? My youth is over. I have severe back pain, but treatment is costly. I have no money to live, forget treatment. I am so frustrated that I want to die."
A week ago, the HC quashed all her cases against her runaway husband, following a petition by Shibu. Having taken into account the findings of the family court and other benches of HC that heard the matter over the period of 22 years, Justice B R Gavai observed that Chitralekha’s contention that Shibu’s suit for declaration of marriage as null and void should be dismissed because she has a marriage certificate and photographs, is without any substance.
“No doubt that the provisions of the Domestic Violence Act are for the purpose of safeguarding the women from domestic violence. However, it cannot be permitted to be misused or abused,” the judge observed.
Jatin Maharaj, a eunuch who took Chitralekha in when she was kicked out of her parents’ house, has been supporting her financially and emotionally. Reacting to the judgement, he said, “How can giving relief to Chitralekha be a misuse of DVA? This act is also meant to protect unmarried women.”
Devastated by the HC ruling, Chitralekha says “I am tired. How long will I keep fighting like this? I have Jatin Maharaj who has been an angel, but now Supreme Court is the only option for us. Somtimes I just want to end my life.”
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| Chitralekha looks at her wedding album |
Today, labelled a cheat, she is planning to take her fight for justice to Supreme Court. She has spent 22 years fighting. First, to get back the man who left her within three months of their wedding for another woman; then, to prove in the court that she hadn’t cheated her husband into marrying her; and finally, for the maintenance money she never got.
She contended that her marriage was solemnized in a Hindu temple according to Hindu rites and was also registered the same day.
Long history of court battles
In 1990, Chitralekha filed an application for restitution of conjugal rights. However, she was informed that Shibu had already moved the city civil court a year earlier for annulment of the marriage.
He had alleged that Chitralekha had drugged him and cheated him into marrying her. When Shibu, who had since moved to Canada and married again, did not turn up for the hearings, his suit was dismissed by an ex-parte order in 1991 and he was ordered to pay Chitralekha maintenance. But Shibu ignored the order.
Chitralekha filed a suit in 1992 for restitution of conjugal rights under Hindu Marriage Act. But the court dismissed her case on grounds that she was a Hindu and Shibu was a Malyali Christian and the marriage could not have been under Hindu Marriage Act. She was told that she should have gotten her marriage registered under the Special Marriages Act. The HC too turned her down.
In 1995, Chitralekha moved the family court again. After numerous adjournments and 11 years, the Bandra family court, in 2006, ordered Shibu to pay Rs 1,000 per month maintenance to Chitralekha and also ordered attachment of his Dahisar home. No one from Shibu’s family complied.
She filed a fresh case against Shibu and his father under the DVA, where she alleged harrassment at the hands of her inlaws - during the period when she was staying at Shibu’s house for about four months. She requested possession of the Dahisar residence, or Rs 10,000 a month. In an interim order, the court asked police to help Chitralekha live in her husband’s house.
In 2008, she filed a case of matrimonial cruelty and bigamy, after which a lookout notice was issued against Shibu. He was arrested when he arrived at Mumbai International Airport to attend his father’s funeral. After the death of her father-in-law, she was kicked out of the house.
Shibu’s contention
During the final hearing of the case this month, Shibu’s counsel Robert Sequeira argued that the family court held that there was no valid marriage between the parties. This was upheld by the HC.
And thus the proceedings under the Domestic Violence Act as well as the FIR and consequent criminal proceedings are unsustainable in law. He also said that the house belonged to Shibu’s father and since he has passed away, Chitralekha has no rights to the house.
Chitralekha’s argument
Chitralekha’s counsel Gayatri Singh and advocate Kranti pointed out that the matter in family court was more related to whether or not their marriage was in accordance of Hindu Marriage Act. She added that even in case the parties are not legally married, Chitralekha can seek protection under the Domestic Violence Act by virtue of the admitted domestic relationship she shared with Shibu.
