Domestic Violence Act, a Potent Weapon in the Hands of Women – Study Report
Posted June 16, 2009on:
A study by Southern Institute for Social Science Research, Thiruvanan thapuram, Kerala. (Sponsored by Directorate of Social Welfare, Govt. of Kerala)
The analysis of the data showed that equal number of respondenreported that main aim behind the allegation was wife’s relation with other men and to acquire wealth and revenge. The major important comment among the judiciary is that the Act is one-sided, that is, in favor of women only. If the provisions of the Act are executed vehemently, it may ruin the domestic relationship between men and women for ever. So, a rethinking in this aspect may be done. The study shows that most of the Advocates and Judges insist an immediate revision of almost all the sections of the Act. Majority of the Aggrieved reported that they did not get the assistance of the women’s organizations during the case process.
Joshua aged 58; a retired Bank employee married Annamma aged 54 about 33 years back. Both belong to Christian religion had been lived together in a rented house. A female child was born out of this wedlock. Now, the daughter is employed in government service and draw an amount of Rs. 15,000/-. She had been educated up to postgraduate. Joshua was retired after 25 years of regular service. Immediately after his retirement the daughter and wife sent him in to a mental asylum due to the ill treatment inflicted by them. This was necessitated solely due to the mental and physical torture inflicted upon him by the wife and daughter all along. The rented house was purchased in the name of his wife and daughter by the Joshua with his hard earned money by means of retirement benefit altogether. Everything he had has been squeezed by the wife and daughter and actively preparing to send him to the mental asylum. Within the time both the wife and daughter have improvised to Pentecostal mission due to the instigation of a clergy man. Even now they are under the influence of the instruction of the said clergy. The motivation behind to sent Joshua to the asylum was the clergy. Put into nutshell both the wife and the daughter was acting to the tune of the clergy man intervened into the life of Joshua and his family. Joshua was symptom free after 6 months and was compelled to be there up to 2 years because even after receiving intimation received from the asylum to take back Joshua. But all along these years fell into the deaf ears. They were not ready to receive him. The authority of the mental asylum took Joshua to his residence to hand over to his legitimate wife and daughter, was refused to accept him. As a result his age old mother who is a dependent of her other sons compelled to receive him and is living at present.
Then the wife filed petition to divorce against Joshua before the Family Court having jurisdiction. While so, a simultaneous procedure has been initiated before the Judicial First Class Magistrate under the provision of the PWDVA. Anyway, she has got a residential order and she could keep her husband away fem. his own residence on the strength of the PWDVA. This is one of the living instances of abuse of process of law misused by a woman against her legitimate husband who had been lived for 33 years at the sunset of life. She used this Act as a potent weapon to achieve her ill motivated goal during the last stage of life by ousting him from his own house, life and left him alone in a desperate plight by casting clouds over the entire life and a total extinct.