In an important observation on divorced & separated women, the Nagpur bench of the High Court of Bombay said emotional distress on a wife caused by her husband, is bound to traumatize her even after she leaves the matrimonial home & takes shelter with parents.
A division bench comprising justices Mahesh Sonak & Pushpa Ganediwala said that “Even if the acts of physical cruelty in the matrimonial house may have ceased & do not take place at the parental home, there can be no doubt that the mental trauma caused by husband’s acts, including verbal exchanges, that had compelled wife to leave the matrimonial home, would continue to persist at the parental home".
Citing Supreme Court verdicts in similar cases, the bench added mental cruelty borne out of physical cruelty or abusive & humiliating verbal exchanges would continue in the parental home even though there may not be any such overt acts there.
“Even the silence of the wife may have an underlying element of emotional distress & mental agony. Her sufferings at parental home though may be directly attributable to the commission of acts of husband’s cruelty at matrimonial home would undoubtedly, be the consequences of his acts.”
The High Court’s observations came while hearing a plea by a woman challenging the decision of Ram Nagar Police Station in Chandrapur to transfer FIR lodged by her against the Pune-based husband & in-laws to Chaturshrungi Police Station there on the mistaken notion that they do not have the jurisdiction to investigate the charges. The FIR was lodged under the Indian Penal Code Sections 377, 498-A, 504, & 506.
The 29-year-old petitioner claimed that the husband used thrashed regularly & even threatened to kill her. He used to return home late at night, show her pornographic videos, & used to have unnatural sex, thereby physically & mentally torturing her regular basis. Even after she delivered a daughter, her torture continued.
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