There Is No Law Like Domestic Violence Act For Husband To Proceed Against Wife : Madras HC

Which Is The Case In Question

• P Sasikumar, a veterinary practitioner, filed a writ suit against an order issued by the Director of Animal Husbandry and Veterinary Sciences on February 18, 2020. Sasikumar claimed he was discharged from the service because of a report made by his ex-wife only days before their divorce accusing him of domestic violence.
• Sasikumar's wife filed a domestic abuse lawsuit in Salem's Judicial Magistrate-cum-Additional Mahila Court in 2015 to start the divorce process against him. Sasikumar then filed a case with the First Additional Sub Judge in Salem, stating that his wife was unkind to him and had abandoned him voluntarily.
• The woman is claimed to have sent a report to the Director of Animal Husbandry and Veterinary Services about a domestic abuse case that was pending in court just four days before the divorce petition's ruling. On February 18, 2020, Sasikumar was suspended from service as a result of this. On February 19, 2020, the couple divorced one day later.

What Is The Court’s Observation

• The case revolves around a government veterinarian, Dr P Sasikumar against whom criminal proceedings were initiated by his wife.
• Justice S Vaidyanathan in Madras High Court expressed his concern on lack of legislation from the husband’s end to move against the wife.
• He said that in the March 31 judgement - The 2nd Respondent (wife) appears to be pestering the Petitioner unduly. Unfortunately, unlike the Domestic Violence Act, there is no provision for the husband to take action against the wife. The 2nd Respondent has given the Complaint four days before to the Family Court's grant of divorce, which itself clearly shows that the 2nd Respondent has anticipated the divorce order and caused unneeded grief to the Petitioner."
• The court henceforth, reinstated the petitioner to his service.

What is your opinion on the lack of laws as pointed out in this case? Let us know in the comment section