Wife need not give medical evidence to prove husband’s assault: Bombay HC

The court made the statement while considering a plea by Khar resident to divorce her abusive husband

In a significant order, the Bombay High Court recently ruled that a wife doesn’t have to provide medical evidence of husband’s assault to prove allegations against him.

A bench comprising Justice VM Kanade and Justice Swapna S Joshi made the statement while considering a plea by Khar resident to divorce her abusive husband.

The Bombay HC granted the plea saying the accused had “chosen to treat (the wife) as his slave displaying a male chauvinistic tendency by continuously harassing his wife and treating her like a dog on a leash,” media reports said.

The husband’s counsel had claimed that the wife could not prove the allegations of assault as she had not produced any medical evidence or record in support of her case.

But the court ruled in favour of the wife saying that it was not always possible to produce documentary evidence and the case has to be decided on the word of the wife against husband

The court said:“Most of the time acts of cruelty take place in closed room or bedroom of the couple where neither the parents nor children are privy to what happens inside the four walls of the bedroom.

“It is also quite well settled that the women in India normally do not like to bring the dispute between the husband and wife into the open and very often do not disclose to their parents extreme cruelty at the hands of the husband because she feels that if such a disclosure is made, it would make her parents very unhappy,” it added.

The wife’s lawyer countered husband’s arguments saying he had made false allegations against her moral character, saying she was mentally unsound.