In this wonderful judgment from Hon’ble High Court of Bombay, the Hon’ble Justice has rubbed in it the lower court magistrate without any tolerance. See the rotten mindsets of magistrates of lower courts.
From Para 8,
Mamta Gautam Wankhede Vs Gautam Sukhdev Wankhede on 2 February, 2018
The learned Magistrate has gone on record saying that filing of divorce petition by the respondent against the petitioner after 23 years of marriage itself amounted to domestic violence. The remark is outlandish and, if I may say so, is alien to the known jurisprudential concepts. If this is the way how the applications filed under Section 12 of the D.V. Act are decided, as has been done in the present case by the learned Magistrate, as rightly submitted by the learned Counsel for the respondents, all the provisions of law, be they be from Hindu Code Bill or Family Courts Act or D.V.Act, creating rights and obligations of parties while maintaining a fine balance between the competing interests of both sides, would be rendered nugatory and a party would dither to initiate a proceeding for assertion of his right, for the fear of being labelled as merchant of domestic violence. The learned Magistrate shall do well to avoid making such remarks without giving any thought to rights and obligations of parties under the law.
This judgment also relies on another Bombay High Court judgment from 2014, available here.