Vinayak (vinayak) wrote, @ 2007-05-23 12:03:00

Open the Pandora's box !!


Open the Pandora's box !!



‘Domestic violence could be both physical & emotional’

Blogger's comments : Who defines what is emotional violence ? Who sets the boundaries ? each and every judge will start interpreting "emotional abuse" in his / her own way and we will have utter confusion. Is a joke an emotional abuse, Is a jibe an emotional abuse ? Is a genuine decision to move away from a NON WORKING relationship emotional abuse ? who draws the line and where ?

========= news item ===========

New Delhi: Amitava Mukherjee, the first person to be indicted under the new Domestic Violence Act, said he has been happily married for the last 25 years, while casting aspersions on the character of the complainant.

He said that he had kept his wife and family posted about the constant harassment he faced at the hands of the woman who followed him everywhere.

After hearing both sides and scrutinising the evidence, the magistrate confirmed that the woman and Mukherjee had a live-in relationship that came under the purview of the Domestic Violence Act.

He said: ``From the perusal of documents placed on record, the petitioner and the respondent have lived in a rented room in tourist hostelcum-programme centre, Jai Singh Road, New Delhi, as well as in Bangkok. It is my considered view that petitioner as well as respondent lived together in a shared household.''

Terming that domestic violence could be physical as well as emotional, the magistrate said: ``The petitioner has stated in her petition that the respondent has admitted her as his wife and applied `sindoor' in her `maang'. This is emotional abuse by the respondent towards the petitioner.'' ``From the material placed on record, it is my considered view that petitioner is subjected to domestic violence as defined under Section 3 of the Act,'' the magistrate said in his 11-page order.

On the compensation, he said: ``Keeping in view the facts and circumstances of the case and social status of both the parties, I deem it appropriate to grant Rs 75,000 for food, clothes, medicines and other basic necessities and further household expenses as Rs 50,000 and other miscellaneous as Rs 25,000.''

Mukherjee has the option of complying with the magistrate's order or going on appeal before a higher court.

http://timesofindia.indiatimes.com/India/Domestic_violence_could_be_both_physical__emotional/articleshow/2067927.cms

or

http://tinyurl.com/2zn9dy

======== end of news item ============

	(Anonymous) 2009-10-10 04:41 (link)
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