Unprejudiced law needed to protect genuine victims: Madras High Court

He said perpetrators of domestic violence needed to be appropriately punished and dealt with, but at the same time, protection could not be withheld for real victims for any reason.

One could be certain there was something sinister about a law, when it intimidated and instilled fear in innocent people. When an innocent begins to fear punishment under the law, it will certainly create panic.

“The notable flaw in this law is that it lends itself to such easy misuse that affected persons will find it hard to resist the temptation to “teach a lesson” to their counterpart and will file frivolous and false cases. One such similar trend is the ill-usage of anti-dowry law (section 498-A IPC).”

Justice Vaidyanathan made the observation while dismissing with costs Rs 5,000, a petition filed by a man who got separated from his wife due to family dispute and several cases, including divorce, were pending between them.

In the petition, the husband sought a direction to the authorities to close the schools run by his wife and father-in-law in Dindigul district. The institutions did not have sanction, besides basic facilities. A huge fees was collected, he said.

The judge said a bare reading of the affidavit showed the law was being used by the petitioner as a tool to wreak vengeance against his wife.