News By/Courtesy: Tanija Singh | 12 Aug 2017 0:00am IST

Karnataka: In an order passed by Karnata High Court on August 3, 2017, it said that leading a life with another woman during the subsistence of his marriage with his wife and begetting children from the second wife amounts to emotional abuse as contemplated by Section 3(a) of the Domestic Violence Act, endangering the mental and physical well-being of the aggrieved person.

The contention raised by the husband that, for 30years, his wife had no grievance about his second marriage and it is only after so many years that she filed the petition and, hence, is barred by limitation was found unacceptable by the court and held that the husband is guilty of the offence of domestic violence and limitation cannot be a ground for the husband to escape his liability and that the wife is entitled for the protection under the Domestic Violence Act.

The bench with single judge Mrs. Justice Rathnakala said “Domestic violence” under Section 3 of the Act among others takes into its fold ‘economic abuse’ also. The omission of the husband in neglecting to maintain the aggrieved person, who is at the receiving end, falls within the description of Section 3 of the Act. The very fact that he has led life with another woman during the subsistence of his marriage with his wife and begot children from the second wife amounts to emotional abuse as contemplated by Section 3(a) of the Act, endangering the mental and physical well-being of the aggrieved person. This is another form of domestic violence within the meaning of Section 3(a) of the Act.”

Section Editor: Admin | 12 Aug 2017 0:00am IST


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