S Shyam Prasad
Posted On Sunday, September 02, 2012 at
Justice K Bhaktavatsala of the High Courtof Karnataka is clearly cut from a different judicial cloth. Where other judges may well see an abusive marriage as sufficient grounds for granting a divorce, he considers it a moral obligation to play peace-maker in the matrimonial cases that come before him.
On Friday, he went out of his way to counsel a young woman whose stated reason for not living with her husband was that the latter used to beat her.
The 28-year-old woman’s 37-yearold husband had approached the High Court, stating that she had deserted him and taken their two sons. On August 17, both the parties were asked to be present before the court on August 31.
The bench of Justice Bhaktavatsala and Justice BS Indrakalaweretoldthat the woman’s husband used to beat her and had thrown her out of the house. Upon this, Justice Bhaktavatsala said, “Women suffer in all marriages.
You are married with two children and know what it means to suffer as a woman. Why are you still talking about his beatings? I know you have undergone pain. But that is nothing in front of what you undergo as a woman. I have not undergone such pain. But madam (Justice BS Indrakala) has.”
The court asked the woman if her parents were present, at which her father walked up to the bench. The judge remarked, “Ask your father if he has never beaten your mother!” When the woman’s advocate produced photographs showing her swollen face, the court said, “You have to adjust.
There is nothing in your case to argue on merits. Have you read about actor Darshan. He spent 30 days in jail after beating his wife. But they are living
The case was to be heard again in the afternoon, but was adjourned to a later date.