The Supreme Court Says Man Is Liable For The Injuries Inflicted On His Wife In The Matrimonial Home

The Supreme Court Says Man Is Liable For The Injuries Inflicted On His Wife In The Matrimonial Home

I know that in the last year, cases of rapes and domestic violence have surged. The lockdown was in no way or form women-friendly. In fact, according to official data, domestic violence cases have doubled. It’s absolutely terrifying. However, even though our government seems to be trying to ignore the problem and hoping it just magically disappears, our courts of justice seem to be in the women’s corner. They’ve been passing judgements and giving sentences that ensure that women’s rights are safeguarded and the people who commit violent crimes against women are held accountable. Recently, the Supreme Court denied a man, accused of assaulting his wife on multiple occasions, pre-arrest bail. We love the precedents that are being set!

On Sunday, while hearing a case involving a man assaulting his wife the Supreme Court said that a man would be primarily responsible for the injuries inflicted upon his wife in their matrimonial house. It was about time someone held them accountable. Let me give you a little background about the case before moving forward. In June 2020, the victim complained to the Ludhiana police against her husband and in-laws. She alleged that her mother-in-law, father-in-law and husband thrashed her for not meeting their ever-growing dowry demands. The couple were married in 2017 and had a child together a year after. This was the man’s third marriage and the woman’s second.

When the victim filed the complaint, her husband and his lawyer persisted in the HC for anticipatory bail. While denying the request for bail, According to reports, the Punjab and Haryana high court said, “On June 12, 2020, at about 9 pm, the petitioner (husband) and his father, armed with a cricket bat, gave the complainant merciless beatings in which the petitioner’s mother also participated; the petitioner attempted to strangulate the complainant and his father put a pillow on her face with an intention to kill her; after giving her merciless beatings, she was thrown on the road on being informed, the complainant’s father and brother came there and got the complainant treated as also medico legally examined.”

Also Read: Himachal Pradesh Court Said Women Aren’t “Cattle” But Autonomous Beings With Rights

The Punjab and Haryana HC also noted that this victim had two miscarriages because of all the thrashing she received. According to her medical report the victim had, “as many as ten injuries on her person including five on her head/face, one on her vagina and multiple reddish bruises of varying sizes around her neck. Eight of the ten injuries are medically opined to have been inflicted by a blunt weapon.”

This is sickening. These people tortured this woman, tried to murder her and thrashed her to a point she had miscarriages all because they wanted more dowry. Is there no humanity left? Actually, let’s not go down that rabbit hole right now. After the Punjab and Haryana HC rejected the accused’s anticipatory bail, he approached the Supreme Court. When bench headed by CJI S A Bobde heard the case and rejected the accused pre-arrest bail, he said, “What kind of a man are you? She alleges that you were about to kill her by strangulation. She alleges that you forced a miscarriage. What kind of man are you to use a cricket bat to beat up your wife?”

When the accused’s counsel argued that the wife was beaten with a bat by the father-in-law and not the husband, CJI Bobde said that a husband will be held accountable for all the injuries inflicted upon his wife, by either him or his relatives. He said, “It does not matter whether it was you (husband) or your father who allegedly used the bat to assault her. When injuries are inflicted on a woman in a matrimonial home the primary liability is on the husband.”

We love that the court is asking the right questions. What kind of a person beats another up with a cricket bat? For dowry, no less. We are sick of watching women get brutally injured because of their greedy husbands and in-laws. More often than not, dowry is the root cause of a lot of other social evils. It’s high time we, as a society, abolish the entire concept of dowry. Having said that, I am so glad that the accused in this case did not receive anticipatory bail. It sets the right kind of precedent!

https://thehauterfly.com/lifestyle/man-divorce-wife-habit-of-chewing-tobacco-high-court-not-a-valid-reason/

Mitali Shah

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