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“Husband Posting Abusive Comments Against Wife On Social Media Is Domestic Violence”: Gujarat Court

A man from Ahmedabad was ordered to pay Rs 15,000 compensation by a local court for the abusive comments he posted on social media against his wife. The court noted that such activities result in disturbing mental health and should be considered domestic violence.

In 2016, the wife had filed a complaint against her husband and in-laws under the Domestic Violence Act, and since then the couple has been in a matrimonial dispute for four years. The magisterial court had later accepted the woman’s claims of domestic violence. In April 2019, the court had ordered the man to pay Rs 4,000 monthly maintenance and also Rs 1,000 extra for her legal expenditure.

The 28-year-old wife felt that the maintenance order given by the court was not sufficient for her to meet her needs. She also felt that the court did not account any compensation towards the abusive comments on her photographs on social media by her husband.

Subsequently, she took the matter to the city sessions court wherein she filed an appeal specifically indicating that the magisterial court had not paid attention to her complaint hat about her husband’s comments on her Facebook and Instagram social media handles.

During the cross-examination, the husband had admitted to writing what was being claimed by the woman. According to the woman, the husband had caused her mental and physical agony, yet, the magisterial court failed to pass any judgment for the alleged damages or pain caused to her. Offended by her husband’s action to defame her, she had also filed a police complaint against him.

Additional sessions judge Ashok Sharma after accepting the woman’s appeal last week, noted that the magisterial court had denied to grant her comfort for the abusive posts by her husband, under Section 22 of the Domestic Violence Act.

The judge also point out:

Husband had already accepted the charges during cross- examination stating that he had posted the abusive comments on her Instagram handle and Facebook posts regarding the complainant wife, which as per my considered and thoughtful opinion is mental violence to any person, hence covered under domestic violence.

Compensation

Now, the man has been further ordered by the sessions court to pay the woman a compensation of Rs 15,000 within a month with 6% interest for his abusive posts on social media. The court has also ordered the man further to pay Rs 2,000 maintenance per month as per wife’s requests, which accounts for the rent she is paying while living separately. The sessions court also enhanced the cost of legal expenditure by husband to the wife from Rs 1,000 to Rs 3,000.

Our Take:

  • Making abusive comments against any spouse on social media or in general is strictly condemned
  • Whether a monetary compensation can mend the mental agony is questionable
  • Can this order be applied on several estranged wives, who go to the media or social media alleging and accusing their husbands with one-sided accusations?
  • Isn’t that equally painful and harassing for the men, especially when they get pronounced as domestic abusers by the twitter or facebook court of justice?
  • We post few examples below, where wives have gone on record only with their versions defaming the men publicly — in some cases the matter is in court while  in some, the divorce petition has also not been filed
  • Our Gender Biased Laws never compensate monetarily to Men after fighting several years of fake cases
  • In one of the case, after undergoing mental trauma for six long years, court ordered wife to pay Rs 500 as compensation for filing false case. Click here to read story
  • To conclude, if there is a fine or legal compensation, it must be both ways — mental harassment does not have a gender either

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The post “Husband Posting Abusive Comments Against Wife On Social Media Is Domestic Violence”: Gujarat Court appeared first on Mens Day Out.


Source: Mens Day Out

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