SANDHYA WANKHEDE VS MANOJ BHIMRAO WANKHEDE, (2011)
Facts of the Case-
In the case of (Sandhya Wankhede vs Manoj Bhimrao Wankhede) after getting married in 2005, the appellant Sandhya lived with R1, R2, and R3 for nearly a year, and which caused problems in her marriage due to continuous disturbance she filed a police report against her husband under section 498 of the Indian Penal Code for assaulting her.
JUDGEMENT OF THIS CASE
In this case, Supreme Court had observed and held that resolved the question by ruling that the provision section 2(q) in which it doesn’t exclude women relatives of the husband or men partner from the scope of a complaint that can be submitted under the Domestic Violence Act, 2005. According to result, complaints cannot be filed not only against the adult men, but also against the adult women relative.
LALITA TOPPO V/S STATE OF JHARKHAND, (2018)
Facts of the Case- In this case, Supreme Court had observed and held that the complainant who was respondents legally wedded wife, she approached the court to seek maintenance under the provisions of the Domestic Violence Act, 2005, addressing that she will not be allowed to seek maintenance under section 125 of code of criminal procedure, 1973.
In this instance, the appellant was living in a relationship with whom she had a minor child (whose age under 18) legally considered as a minor in the eyes of law. When she got separated from her husband the appellant sought support from her husband, for which the family court allowed and ready to give her 2000 and 1000 as maintenance to child. Later on it was found that family court ruling to be incorrect and taking part of her partner. After this the wife went to the Supreme Court and decided to take action.
JUDGEMENT GIVEN BY THE COURT
In this case the court held that and it observed that a live partner will be obligated to even more relief than that envisaged by section 125 of code of criminal procedure, 1973. In this case, it was observed that according to the Domestic Violence Act, 2005, also includes economic abuse, sexual abuse, physical violence as well as social stress in the family.
Some facts and figures regarding increasing cases of Domestic Violence in India are :
• High and personal experience of corruption and judiciary
• Most women of the Domestic violence are tried out in open courts.
• Due to prolonged trials and loopholes of judiciary most victims go hostile.
• Often parents and family members of women victim go hostile under mental and social pressure in dowry death cases, rape cases, marital rape and sexual harassment cases.
• Lack of evidence in the criminal cases.
• Long pending cases resulting 5 to 10 years to deliver justice to the victim.
• Almost these cases takes 5 to 8 months to bring case for trial.
• Standard of proof and victim speech is very low in Indian courts.
There has been increasing cases of Domestic violence and attention given to specific norms of Domestic Violence, such as Dowry deaths, Marital rape and Illegal marriages. It can assume multiple forms including physical, verbal, emotional, economical and sexual abuse in the family. It shows the effect of violence in the family. An eerie noise in the family which mentally disturb the whole family including as well as mentally disturbance in the family. Children who live in household or with joint family members with violence often show mentally problems and psychological issues which may contribute to traumatic stress disorder from an early age such as mentally stress, threats and dysregulated aggression which may contribute to mental trauma and vicarious traumatisation. Women tend to experience more forms of pain from the early age. A women is not much physically stronger as compare to men. If we talk about women issues there are many women in the filed who never be able to take action and stand. Sexual abuse, Sexual assault and Marital rape these all crimes which are unreported and never to be justified in the eyes of law. These violence often occurs when the abuser believes that these all are justified and never likely to be reported. In many families women never allow to share their experience with the outside people or sometimes a crime takes place in the room where women is alone and helpless. Sometimes it feels like a commotion in the room where women experience several forms of pain. It is common to be happen in the families with several kinds of physical violence such as wife beating, sexual abuse, wife battering and sexual harassment in the families. In India it is common in most of the families that women are a part of Domestic violence or others forms of violence. Sexual abuse and Domestic violence has become a daily practise. It happens when the husband or Partner believes thatthere is no voice for victim. It may sometimes due to mental stress or social stress. In many families it found that mostly male partners abuse, hunting and misbehave with other partner to remove their mentally stress. This may include threats, coercion, aggression, violence, abusing and mental stress which may lead to victorious traumatisation. In domestic violence there are many forms such as Physical, Social, Mental, Emotional and Economical. The formal legal system and stereotype society in India bears fear in the hearts and minds. Most crimes in Domestic violence family carried out on women unrecognised due to social stress, fear, police, blackmailing, political and social pressure, caste bearings and gender inequality etc. In many of the cases court becomes insensitive since all the reports and crimes are beyond the doubts and in some cases women never feasible to take action in court. So this creates loopholes and fear in women to approach former legal system and this makes women uncomfortable, hesitant and unwilling. It found that women often choose the courts only for property dispute, relatives dispute, divorce, maintenance and child custody. It found that due to pendency in Indian courts offender and criminal enjoys the loopholes of judiciary in Domestic Violence. As we all know that Indian judiciary is based on the core values, moral, customs and cultural traditions of the Indian society. Pendency in Indian courts and it has increased the number of cases against the Domestic violence and the loopholes in Indian judiciary. A strict action should be taken against the culprit and the crimes increasing in the society should not be unseen and justified. Openly sexual offence, sexual abuse, assault, Domestic violence and physically abuse should not be treated unlikely and it should be reported and reach to provide justice to the women in the family or society. Our judiciary should be strong and make laws and regulations prevent in the society. It should be feasible and supposed to protect every women from lawbreakers, criminals and offenders. The offence and crimes should be carried immediately and should be likely to be reported. At that time the offender should be punished and legally disqualified from every work under Indian law system. There should be an urgent clarion call to the courts and speedy trial. There should be campaign and protest for women rights and should provide cognizance to every women to take stand for herself in every situation. There should be fast speedy trial in courts and the justice should be deliver to every door. International organizations and judiciary should provide equality and justice. International bodies and justice should play an important role and crucial role in making justice more clear and visible in the eyes of law and society. There should be a positive action towards the victim and compensation should be provided who suffered from bodily injury and physical assault in the family. There should be more justice for the victims so that other victim who served his/her pain can be able to stand and raise voice against Domestic violence. There should be a polite attitude towards women specially on those places such as police station, courts and other investigation bodies so that she can easily comfortable to speak and willing to stand for herself. There should be more press freedom of speech and every person get a right to exchange his/her ideas regarding violence. There should be more clarion call to upper authorities to take action against Domestic violence in the country and question to be raise that why there is too much pendency in Indian courts. A question to be raise that why justice has not delivered in last cases. A question to be raise that why the authority is failed to provide the justice to the victims. There should be a strict action against the real culprits and improve the image of Indian court and an attempt to revamp the justice image in the society. There should be freedom to speech and protest against the wrong activity in family against the Domestic violence in the country.
