Misgivings
of law leave woman in penury
Ravi Tiwari
Tuesday, January 15, 2008 (Mumbai)
Jainib moved into
upmarket Colaba three years ago, forced to live here after her husband
threw her out of their home. Separated she was, but not yet divorced.
Which is why Jainib
was shocked when one day she spotted her husband with another woman.
A chance encounter that turned ugly as Jainib's husband beat her up
in a fit of rage, in broad daylight.
Having lodged a
complaint with the police, she chose to seek reparation in court under
the Domestic Violence Act. But that reparation was denied to her.
''The court has
said that the matter does not come under theDomestic Violence Act even
if my client has seen her husband with another woman or assaulted her,''
said Ravi Lokhande, Victim's Advocate.
Jainib's situation
presents a peculiar problem that doesn't quite fall under the provisions
of the Domestic Violence Act, which came into effect in 2007.
According to the
Sessions court verdict in December 2007:
• The Act is not applicable if the woman is not living with her
husband at the time of the assault.
• The Act can not be applied because under the precepts of Muslim
Personal Law, a man can have another wife.
The question remains then, under what law does a Muslim woman seek justice,
if she is beaten by the very man she is still legally married to?
''It is a misinterpretation
of the Muslim Personal Law and in this particular case, a misinterpretation
of the Domestic Violence Act,'' said Purnima Advani, Lawyer, National
Women's Commission.
But experts on Islam
and the Law, present their own arguments. They say that every religion
has its own constitutional right.
''When there is
a conflict between a general law and a special law, the special will
always overrule,'' said Majid Memon, Lawyer.
''The court is right.
This does not come under domestic violence because the couple has been
living separately for three years,'' said Moulana Athar, Islamic Expert.
Women's groups fear
that unless the laws are clarified, cases like those of Jainib's will
just keep coming up.
(NDTV report on
judgment of the Sessions court)
Hope on the anvil
for domestic violence victim
Shloka Nath
Tuesday, January 29, 2008 (Mumbai)
A helping hand is on the anvil from the Bombay High Court for Jainib,
a woman seeking justice under the Domestic Violence Act.
The court on Tuesday
struck down an earlier order from the Sessions Court that said Jainib
would not get any reparation under this Act.
Terming the lower
court order as unfair, the High Court transferred the case a trial court
and ordered the proceedings to be completed in 60 days.
Jainib was assaulted
by her husband in broad daylight, but when she approached the court
her plea was struck down because she was separated from her husband
at the time of assault.
The lower court
also highlighted the conflict between the tenets of Muslim Personal
Law and that of the Domestic Violence Act.
Jainib's situation
doesn't quite fall under the provisions of The Domestic Violence Act,
which came into effect in 2007.
According to the
Sessions court verdict in December 2007:
• The Act is not applicable if the woman is not living with her
husband at the time of the assault.
• The Act can not be applied because under the precepts of Muslim
Personal Law, a man can have another wife.
(NDTV report on
Bombay High Court order)
(Click here
to see Mumbai High Court Order)