A sessions court upheld an order for a “gay” man to pay maintenance to his separated wife, reasoning that the phrase “aggrieved person” under the Domestic Violence Act would cover not just a woman who experiences physical violence but also sexual, verbal, and emotional assault.
The husband appealed the magistrate court’s decision to award maintenance of Rs. 15,000 to his wife, but Additional Sessions Judge Dr. AA Joglekar ruled in her favour.
The court agreed with the trial judge’s assessment that respondent’s (the husband’s) behaviour falling within the section’s ambit would constitute domestic abuse. H.H. The Additional Sessions Judge, Distinguished Professor A. A. Joglekar (C.R.NO.37.)
Wedding bells for the happy couple rang in December of 2012. After more than six months of marriage, the wife claims she discovered her husband sexting with other guys and filed for divorce. In order to “reflect [his] compromising situation with other guys,” he would come home late from work and establish a fake Facebook account. She tried unsuccessfully to have a sexual relationship with her husband.
However, the guy maintained that neither he nor his wife had any evidence of the sex allegations. She cited her exams as the reason she broke up their sexual relationship. His wife had constant suspicions about him.
She filed a petition in court to determine who was to blame for the alleged domestic violence, and he contended that her charges of abuse were too general. Through counsel, he contended that the trial court had violated the core notion of the called “aggrieved person,” because the applicant had not specified who was responsible for the applicant’s experience with domestic abuse.
It was clear from the wife’s testimony that she had seen her husband’s nude pictures and screenshots. “It is apparent that, the stated materials obtained and downloaded by her through the respondent No.1’s mobile phone has inevitably caused such trauma, anguish, and emotional abuse to the applicant,” the court ruled.
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Judgement reviewed by Deepa Bajaj.