'Harassed' husband challenges Domestic Violence Act
BANGALORE: The Karnataka
high court on Tuesday ordered notice to both the state and central
governments on a petition filed by CH Venkatakrishna, a resident of
Kasargod in Kerala, challenging the constitutional validity of various
provisions of Protection of Women from Domestic Violence Act 2005.
Justice S Abdul Nazeer has also ordered notice to Lakshmi Bhat, a
resident of Bangalore who also acts in TV serials. The petitioner, who
got married in 1998 and has a daughter, claims that his wife demanded Rs
2 crore as compensation and had obtained an injunction from a
magistrate court restraining him from alienating his properties in
Kerala. He also claims that because of the provisions of the Act, he has
to come to Bangalore court from Kasargod for hearing.
"A
significant aspect of the matter is that the whole section of women is
excluded from the purview of Act branding the men as the sole cause of
domestic violence. Such a gender bias is apparent in Section 19 where it
says that a woman cannot be removed from shared household. This is also
violative of Article 14 of the Constitution as the same is gender
biased. Protection is alone given to women and there is no protection to
the abuses of wife. Hence, the provision under Section 12, 17, 18, 19,
20, 21, 22, 23, 25, 26, 27, 28 of DV Act (relating to residence,
protection, custody and other reliefs) are unconstitutional and are
liable to be struck down," the petitioner has claimed.
http://timesofindia.indiatimes.com/city/bangalore/Harassed-husband-challenges-Domestic-Violence-Act/articleshow/19082232.cms
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