December 09, 2019
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'Family Matters Should Be Argued Only By Married People, Not Spinsters'

'Family Matters Should Be Argued Only By Married People, Not Spinsters'
outlookindia.com
1970-01-01T05:30:00+0530

A petition to Chief Justice of India asks him to remove Justice Bhaktavatsala of Karnataka High Court for his retrograde views against women against the tenets of the Constitution

From the petition:

On August 31, he went out of his way to counsel a young woman whose stated reason for not living with her husband was that he used to beat her. Justice Bhaktavatsala said, “Women suffer in all marriages. You are married with two children, and know what it means to suffer as a woman. Yesterday, there was a techie couple who reconciled for the sake of their child. Your husband is doing good business, he will take care of you. 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 said her husband would beat her in the open, in front of everyone, Justice Bhaktavatsala remarked that it was she who was bringing it out in the open. The court was told that the husband would beat her in the middle of the night and had thrown her out of the house.

When the woman’s advocate produced photographs showing her swollen face, the court said, “You have to adjust. Are you just behind money? There is nothing in your case to argue on merits. You have to give him a divorce or go with him. Have you read about actor Darshan. He spent 30 days in jail after beating his wife. But they are living together now. What is on your mind and what is on your agenda?”

...

This is just not an isolated case in another case reported , a young advocate had not imagined she would be receiving a lesson on married life when she took up a case on behalf of an estranged wife. She was summarily told by Justice K Bhaktavatsala that she was unfit to argue a matrimonial case as she was unmarried. While the lady advocate was citing the allegations against the husband, Justice Bhaktavatsala stopped her midway and asked, “Are you married?” When she replied in the negative, the judge said, “You are unfit to argue this case. You do not know real life. Why are you arguing like this? He is your (client’s) partner,not a stranger. Family matters should be argued only by married people, not spinsters. You should only watch. Bachelors and spinsters watching family court proceedings will start thinking if there is any need to marry at all. Marriage is not like a public transport system. You better get married and you will get very good experince to argue such cases.”

Read the full petition

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