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Tajobsindia (Senior Partner )     06 September 2012

Karnataka hc jstc tells woman to adjust to domestic abuse

Karnataka: Judge tells woman to 'adjust' to domestic abuse

Bangalore: Women's groups in Karnataka are demanding the removal of a High Court judge, Justice K Bhakthavatsala, who said it was okay for a man to beat his wife as long as he was taking good care of her.

He reportedly made this statement while hearing a domestic violence case. The judge told the plaintiff, who is seeking a divorce on the grounds of abuse, that she should just "adjust" to the cruelty being meted out to her for the sake of her marriage and her children.

Activists have launched an online campaign to demand his removal. Women lawyers have also submitted a memorandum to the Chief Justice, asking that all judges be given certain guidelines on how to deal with sensitive cases involving women and children.

"I somehow feel domestic court cases and family court cases must be posted before a judge who has been trained specially for that particular purpose and who can understand the feelings of a lady," Advocate Pramila Nesargi said.

Link:
https://ibnlive.in.com/news/judge-tells-woman-to-adjust-to-domestic-abuse/288802-62-129.html

 

Common man’s take;
1. A progressive observation by Jstc. of K’taka HC.
Reasoning:
If any reader recall many women queriest posted here since inception of LCI Family Law Forum and they start their query brief with abuses in marriage meted out in hands of their husband, yet they themself end their query with a question before us and seek remedy; I don't want to break my marriage, kindly help!” For which many prudent writers (repliers) read with Lawyers of both gender commented to such post either stating “Donot file criminal cases” or “don’t worry he will not succeed in his divorce” or few radical repliers suggest “why you want to live in abusive relationship; go get a life”.
So in a way what all such replies agreed on is “saving marriage” hence if a HC Jstc of a particular HC says same which probably media twisted and gave slight gender colour then I don't think he said something wrong if face value of his observation taken i.e. "saving a marriage somehow".

Same was observation of the then Lordship Katju (SC) who observed at admission stage to a husband's divorce cry plea "look left - look right" for which no feminist raised any hue and cry ! Does it not amuses seeing such widespread gender divide and so called "sensitivity" of few selected repliers here thy name I am women centric member of the Bar?

Now a rebutal question may get asked - "sensitive reply and or sensitive repliers" I say when an ordinary run of the mill husband gets beating in hands of his wife and states the same as LCI query what your "sensitivity" talks are all about ????

Reasoning on usage of word “progressive”:-
Why I’m siding with HC Jstc is based on historical fact; I’m not sure if anyone of you remember Actor Darshan’s case who is a very famous Kanadda Actor and has given many many super duper hits in his career and he was sent to jail for 30 days on his wife’s (Vijayalakshmi) complaint (DV) on alleged domestic violence charges BUT the fact does not end here in tragedy (we Indian love comedy afterall), behold, later THEY RE-UNITED and now after all those alleged “domestic slapping / beating blues out of his wife as she says read with other woman in HIS life gospel truths in DV Complaint” this famous Bangalore based actor’s wife is happy ABOUT HER MARRIAGE RE-UNION J And following were her reported wordings upon re-union and I quote her ladyself;

"He is a better man, changed person overall," Vijayalakshmi said and added, "In the heat of the moment, things do happen. After rectifying mistakes, life will be better".

She said "bondage with her husband has actually grown due to the one-month separation" (he was put in jail by his wife for 30 days which is called in marriage separation jiyo re jiyo meri Indya). "We want to overcome it and lead a really good life".

I somehow cannot believe it had I not been “blind sensitive to women’s issues” but then if “marriage has to be saved at any cost” then I suggest readers to swallow bitter pill thy name “adjusting in marriage with occasional sending husband to jail” too hence the Lordship comment is progressive one and it all depends on mind how you take his comment.


All sorts of comments now welcome; I opened now the debate on the floor of LCI based on above news item and my opennign comments.

Go on oh gyani and TP readers read with prudent writers place your best value addition to this news of the day
J  



Learning

 13 Replies

stanley (Freedom)     06 September 2012

A very good judgement by the judge !!

"Activists have launched an online campaign to demand his removal. Women lawyers have also submitted a memorandum to the Chief Justice, asking that all judges be given certain guidelines on how to deal with sensitive cases involving women and children."

These so called Activists and women lawyers seem to have woken up from their slumber :-).  Its a pity they are asking for guidelines for children . Take for instance Maharastra child access and custody gudielines have been approved by the Mumbai high court which becomes binding on the lower court  . Within  60 days of the summons if one parent has custody the non custodial parent should be given equal access where in guide lines have been laid out . How many cases these guidelines are being adhered too 

What data is available with us from the courts that these guide lines are implemented 

1. No of cases in which child custody and visitation is decided within 60 days ., 90 days ,120 days , 160 days, 1year , 2 years etc  

These very same Activists and women lawyers would  remain silent when asked about this . 

I have even asked this same question via email to National Commission for Protection of Child Rights (NCPCR) and written to Mrs Shantha Sinha  Chair Person .Whats their Role and function and why arent they actively involved in looking over the implementation of these guide lines  for which i have not even received a reply .

Launching a campaign ,sumbitting a memondraum and making a issue over it is nowdays  the bitter reality of the indian system rather than implementation of already laid out guidelines for children . 

Ashish (AM)     06 September 2012

Shame on those who is supporting Domestic Violence. 

There should be stringent law to deal with Domestic Violence.  These peoples are still living in stone age and reminds us that it's still a men dominated society.  Cruel man who beats / abuse must be punished.

Well you can misguide the judge but not GOD.  God will make the justice if not here. 

So those who are against the women must afraid of GOD if not law.

There are very few women in this forum and most of the experts are anti women.

Tajobsindia (Senior Partner )     06 September 2012

Originally posted by : Ashish
  Shame on those who is supporting Domestic Violence. 
There should be stringent law to deal with Domestic Violence.  These peoples are still living in stone age and reminds us that it's still a men dominated society.  Cruel man who beats / abuse must be punished.
Well you can misguide the judge but not GOD.  God will make the justice if not here. 
So those who are against the women must afraid of GOD if not law.
There are very few women in this forum and most of the experts are anti women.
 

He he
Stringent law is already in place via PWDVA, 2005 but if same woman says after sending husband for 30 days in Jail is enough DV punishment and I now cannot bear “separation” and recalls jailed husband to matrimonial home then where was your GOD and shame bhai sahib !!! [now re-read real case facts of Actor Darshan and his wife illustrated above in my post and re-read all those (few) women’s post here in LCI whom you referring to who at the end of their DV query thread post themselves say “they want to be with their husband”. Any resonable answer via your GOD to us ?]

1 Like

stanley (Freedom)     06 September 2012

You seem to be a thinking one sided  ashish . Mr Ashih yeah there should be a stringent law to deal with domestic violence .For which gender ?? . pull up your socks Ashish and go through the act .In our country its only men who are perscuted for domestic violence as its in favour of women and only women can file .Dont men face domestic violence ??Majority of the cases filed by women are false in india hence on judgement day they have to answer god as you say is true :-)

1 Like

vijay (M)     06 September 2012

I agree with Ashish that domestic violence must be punished.  But it should be gender neutral.  Not only cruel men, but cruel woman too should be punished severely.  Woman filing false frivolous cases and making lives of men hell should be given their due place in hell.

Big Iron (Officer)     06 September 2012

I just imagine sometime...after some decades down the line, there will be laws of everything.

Role of society in preserving culture will die out and everybody will be asked to mind their own business.

A 12 years old kid will call police and say my parents are forcing me to have milk, or may be have Daal and do not wish to have the same. Please provide me protection and ask them to provide me money so that I can eat whatever I wish for

;)

Ashish (AM)     07 September 2012

Yes, Law should be gender neutral.

PWDVA,2005 is not stringent law at all there is hardly any punishment to culprit even proved, this law is of supporting in manner of protection orders, residence orders, counselling only.

We like the woman to bear the burnt of domestic abuse without complaints, but failed by trying everything when see files complaint we say False complaint is filled.  Not all complaints are false. The complaints reported are only 10% the actual sufferers are much more who never complaint and keep suffering in the name of traditions, cursing their fate, they have no knowledge of law. 

The girl left their parents, parents home and starts new life a 2nd life.  That's why she attempts to save his home and as she does not see any other options to live.  Blame it on our culture and not woman.  There are mens who various reasons(right or wrong) and wants wife should give divorce because its easy to start a new life with what you have but for woman its a starting with zero.  Well in court no body says my side is wrong everybody thinks they are right.

There is nothing wrong in reporting the crime,  The culprit gets a punishment for their wrong doings only.

cases of misuse of law are there but don't call all the cases FALSE, Don't forget there its only a few cases actually reported what about the unreported cases.  Whenever you think laws for woman think why these laws are made and what was the background of it.  Well just to recall these laws are made to stop Dowry deaths and Domestic Violence from which women suffers from decades and still going on and numbers are increasing.

MRRpersonality (Knows very little about Indian laws)     07 September 2012

PWDVA 2005 is civil law until  the court orders are violated.  By the way,. this is called Preventive and provides protection against future violence and restores certains rights.  However IPC 498A is criminal which is meant for punishment.  If violence happened, why did she not go to the hospital and show evidence of the injuries caused to her ?     Why did she not go for a 498A ?   Lot of these "beating" averments come up as after-thoughts in a contested divorce peittion to somehow show "cruelty" in the petition.

 

There is sound reason for asking for forgiveness, in the larger interest of a greater institution called marriage, children welfare and interests or the family.  The judges are working in the larger interests of saving the marriages, and are trying to seek if there is any element of reconcilation that can be possible in the end.   People might argue for punishment instead of forgiveness.  In that case, the judge would give up, and go ahead and grant the divorce.   After all, he is only trying his best.   I am sure, he must have chided the husband too, but nobody cares to report such  words in the media!

 

Intentions being noble,  I would still think the judge may have erred in his choice of words causing such big uproar.   Do the judges have never told husbands to adjust/forgive cruelty from women to men ???   Visit family courts, you will hear these things all the time!  Both sides get scolded, and both sides are asked to forgive.   They even scold the counsels who try  to be agressive to the other parties.  This is not criminal case, this is civil and especially a family issue.

 

An interesting quote in the above post:

 

"I somehow feel domestic court cases and family court cases must be posted before a judge who has been trained specially for that particular purpose and who can understand the feelings of a lady," Advocate Pramila Nesargi said.


Why only the feelings of a lady ?   The domestic court or the family court is for the family disputes.  The judges should be trained specially for the particular purpose of understanding the feelings of the lady, the gentleman and the children involved.

 

Women activists think the family means only the "lady" ;)  hilarious!!!   I am sure they will go one step ahead and argue for appointing only "women judges" in the family and domestic courts ;) 

stanley (Freedom)     07 September 2012

Advocate Pramila Nesargi is only interested about the feelings of the lady does it mean men dont have feelings . What about the childern  dont they have feelings ?? Children require both parents for love and affection .But in most DV cases you notice the children are taken away by her lordship "THE FIRST LADY  " and the child is alienated from even meeting the father . And when it comes to visitation rights for the father a big hue and cry is raised to meet his own biological child  " . 

Big Iron (Officer)     08 September 2012

 

People just try to justify such acts by saying females are subjected to domestic violence and not all the cases are false.

 

 

What the heck, I strongly oppose domestic violence and it’s inhuman to suppress another human just because somebody is physically strong.

 

 

 But again this argument doesn’t justify biased laws. Remember a person can bear anything but feeling of injustice is worst.

rajiv_lodha (zz)     08 September 2012

And this feeling of injustice comes naturally to man when he faces GEDNDER BIASED LAWS....................in plenty!

Roshni B.. (For justice and dignity)     08 September 2012

most indian gals want to save their marriages and also want to be treated respectfully minus abuses.so if they make such appeals in courts,it's a very valid demand.

 

the judge,instead of saying that you tolerate violence shud have taken steps to send her bak to her matrimonial home,and also ensure that she lives minus abuses.

this is wot the DV law is all about.restore a lady to her matrimonial home and also ensure she lives in peace there.


(Guest)

you know what does B stands for in Roshni B ?. ill tell ya .....B stands for Bullsh*t !!


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