NDMC worker to pay Rs 21K maintenance to estranged wife, kids

Domestic violence against women is a reality and it is not necessary that it would result in physical injury, a court here has observed while pulling up a man and directing him to pay monthly maintenance of Rs 21,000 to his estranged wife and two children.

The court made the observation while rejecting the man's contention that the woman could not prove she was physically hurt and said, "The mere fact that she is unable to produce any medical document of the alleged atrocities committed on her does not warrant any adverse inference against her."

"The court cannot be oblivious of the practical realities and the fact that the incident of domestic violence upon a woman take place within closed four walls of shared household and it may not be necessary in all situations that a domestic violence in the nature of taunting, humiliating, chastising or beating would result in physical injury to such woman, requiring medical treatment.
 

"It would thus not be expedient for the court in such a situation to seek strict medical proof of any injury from the complainant. As such, domestic violence upon the complainant stands proved," Metropolitan Magistrate Charu Gupta said.

The court also noted that the man, an NDMC employee, was negligent towards his estranged wife and their two minor kids as he never tried to check upon them after separation.

"The fact of his being ignorant of the status of his kids, not having made any efforts to even seek visitation right of his children...Makes it apparent that the man has deliberately neglected them and thereby not only deprived her of physical, sexual and emotional support expected of a spouse but also committed economic abuse by depriving her and her children of basic maintenance," it said.

According to the complaint, the man was alcoholic and used to torture her emotionally and physically and threw her out of his house a year after their wedding in 2002.

Later they reconciled and the same incidents spanned several years after which the woman approached Crime Against Women (CAW) cell in 2008 but they reached a compromise.

After the birth of their second child, the woman was again thrown out of the matrimonial house, compelling her to lodge a complaint against her husband.

Denying the allegations, the man had said the woman was unable to produce any medical proof of the alleged atrocities committed upon her and had also contended that she was the one who picked up quarrels with him and his family members.