Coming to a woman’s rescue, the Nagpur bench of Bombay high court has transferred her case to the city, holding that she has every right to regularly attend and monitor the progress of her case against the husband and his brothers for alleged domestic violence and cruelty.
Justice Vinay Joshi rejected the husband and his two brothers’ contention that since the case was registered by the government through the police, she has to only give evidence once.
“Certainly, it would be quite inconvenient for the wife to to attend the court at Anjangaon Surji (in Amravati). In fact, being aggrieved, she has every right to attend and monitor the progress of her case. Besides that, all the witnesses are her family members who are staying at Nagpur,” the judge said.
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The couple tied nuptial knot in 2013 and used to stay at the husband’s ancestral home at Anjangaon-Surji and at Vadodara in Gujarat, where he used to work.
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In 2015, the wife left his company and joined parents at her maternal home in the city.
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The wife then filed a case under the ‘Protection of Women from the Domestic Violence Act’
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The husband filed divorce petition at the family court which was later dismissed.
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In domestic disputes, cases are transferred to place convenient to wife.
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Not convinced with submission that wife’s role is to merely to give evidence.
Justice Joshi pointed out that both wife and husband have filed their respective cases in Nagpur
Source : The Times Of India
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