This Article is From Feb 07, 2024

Man Accused Of Sexually Abusing Wife Refused Anticipatory Bail By Delhi High Court

The court called out the "societal mindset" that views women as objects to be controlled and exploited and said the present accused should be dealt with a stern hand.

Man Accused Of Sexually Abusing Wife Refused Anticipatory Bail By Delhi High Court

Delhi High Court said the offence went against the "very intent of the law of this country"

New Delhi:

The Delhi High Court refused to grant anticipatory bail to a man accused of physically and sexually abusing his wife, saying the case unveils the "troubling reality" of marriage distorting into a "vessel for unchecked dominance and entitlement" that grants "unchecked authority" to the husband.

Justice Swarana Kanta Sharma called out the "societal mindset" that views women as objects to be controlled and exploited and said the present accused should be dealt with a stern hand.

The woman, in the present case, alleged that her husband mentally, physically, and sexually abused her and also demanded dowry. It was also claimed that the man recorded some objectionable videos of his wife.

"The specific incidents of sexual exploitation and abuse recounted in this case unveil a troubling reality - one where marriage is distorted into a vessel for unchecked dominance and entitlement. Embedded within this warped perception is a dangerous belief that the marital bond grants unchecked authority to the husband, transforming his wife into a mere object to be wielded at will," the court said in a recent order.

"The portrayal of the victim as a commodity reflects a deeply entrenched societal mindset that views women as objects to be controlled, exploited, and disposed of at will," the court stated.

It noted that the allegations by the woman were neither vague nor lacked specificity and a perusal of the record revealed a pattern of abuse and exploitation perpetrated by her husband which demonstrated a blatant disregard for her well-being and autonomy.

The court observed that the gravity of the offence and also the accused man's "thought process" that he was entitled to "sexually, physically, and economically abuse" his wife went against the "very intent of the law of this country".

"Being labelled and continuously called and reminded repeatedly that she had a status of a mere as a cow meant only for milking or a golden hen expected to lay golden eggs is deeply disturbing and indicative of the dehumanizing treatment the victim endured, which highlights the systemic issue of objectification and exploitation of women within certain societal frameworks," it said.

"This court is of the opinion that such accused persons should be dealt with a stern hand. The accused is seeking anticipatory bail whereas his custodial interrogation may be required for the purpose of recovering any inappropriate photographs, conversations, audios or videos as alleged by the victim wife," the court held.

"Considering the same, this court does not find any ground to grant anticipatory bail to the applicant/accused herein. Accordingly, the present application for grant of anticipatory bail stands dismissed," it said.

The man claimed he had been falsely implicated and his wife concocted a false story as she did not want to stay with him.

Rejecting the contention, the court noted that there was no dearth of cases highlighting a "disturbing trend" where the factum of a woman earning became her handicap on the premise that being an independent woman, she was not inclined to live with the husband and the in-laws and thus conveniently put under wraps the physical, mental, sexual and economic abuse on her.

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