The Act was enacted to provide for more effective protection of the rights of women guaranteed under the Constitution
Madras High Court
Chennai: Pointing out that ‘economic abuse’ is domestic violence and interim relief, including monetary compensation, can be ordered by the trial court at any stage of the trial of a case under the Protection of Women from Domestic Violence Act, the Madras high court has directed an husband to pay the third and fourth year fee of his son doing engineering in a private college in Coimbatore, besides Rs 50,000 for his other expenses.
Slightly modifying the order of the trial court, Justice S. Manikumar converted the amount of maintenance of Rs 5,000, earlier ordered for the son, in favour of the wife, and said arrears of maintenance up to date shall be paid within one month. Disposing of the petition filed by the father, mother and son, the judge also directed the college to permit the boy, who stopped going to the college since he had not paid the fees, to continue his education without any interruption.
Radha married Raj (both names changed) on August 22, 1993 and a male child was born on March 13, 1995. Due to continuous torture, ill-treatment and harassment, they separated and the woman gave a complaint to the police and also filed a case under the Protection of Women from Domestic Violence Act before a court in Coimbatore. After her son finished his plus-two, she moved the trial court to direct her husband to meet the education expenses of her son for pursuing engineering course and to pay Rs 5 lakh spent by her for admission.
The trial court directed the husband to pay Rs 5 lakh towards educational expenses and another Rs 50,000 for his other expenses. Aggrieved, Raj filed an appeal and the appellate court modified the earlier order and directed the husband to pay 50 per cent of the capitation fee, besides Rs 50,000 for his other expenses and Rs 5,000 towards monthly maintenance. Aggrieved, the husband, wife and son filed the present petitions.
Holding that the direction to pay capitation fee cannot be sustained, the judge said there was no evidence to prove that the husband incurred the educational expenses for the first two years of the engineering course. It was the wife who had incurred the expense. The remaining course fee, as per the college, was Rs 2.11 lakh. The husband was directed to pay Rs 2.11 lakh in two installments.
Citing several judgments on interpretation of statutes, the judge said the trial court can order interim relief at any stage of trial of the case filed under the Protection of Women from Domestic Violence Act. The Act was enacted to provide for more effective protection of the rights of women guaranteed under the Constitution, who were victims of any kind occurring within the family and for matters connected with or incidental thereto, the judge added.
( Source : dc )
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