COURT REFUSES TO BUY PANCHAYAT’S CLAIM OF MATTER HAVING BEEN ‘MUTUALLY SETTLED’
GANGTOK, 08 Sept: A panchayat representative from South Sikkim, Kumar Chettri, has been hauled up by the High Court of Sikkim for domestic abuse and for failing to provide adequate assurances and medical care to his wife whose has lost sight in one eye abuse suffered in his hands.
This seems to be a classic case where a wife has no option but to remain with her husband despite being at the receiving end of a failed marriage because she has no independent source of income of her own. In fact it has emerged that the husband was having an affair and when accosted by his wife had attacked her. This was a year ago. The victim is reported to be an MR employee earning Rs. 130 per day. The apprehension of the wife in continuing to live with her husband has also been recorded and she has sought assurance from the police in this regard.
The panchayat member had approached the High Court with a plea to quash the FIR registered against him by his wife as well as the court proceedings pending against him in the Namchi courts; this plea was made on the submission that both parties had “mutually settled” the matter in the interest of a “cordial marital life” and in the interest of their minor son.
An agreement had been entered into between the two in March earlier this year. However, the High Court has expressed doubts over the intention of the panchayat member in filing the petition for quashing of proceedings against him. In fact, the High Court has noted that the intention of the accused petitioner seems to be “mala fide” and hence has intervened in the matter to ensure that the victim wife is accorded her due, both in terms of medical treatment as well as security.
This doubt of the court has been further aggravated by the fact that even 6 months after entering into the agreement, the husband has failed to comply and fulfill his part of the agreement. As per the agreement, Kumar Chettri was to transfer some of his land in his wife’s name as well as give her Rs.1.5 lakh so that she could receive treatment for her injured eye.
The report of the SP South on the wife’s complaint reveals that the said panchayat member had been assaulting his wife for the past few years and matters reached the limit in September 2010 when the wife was seriously injured in her left eye. Even a year after the incident, the husband has failed to provide proper medical treatment for his wife who is now blind in one eye.
In fact, the report, which was submitted to the High Court, further revealed that the 42-year-old wife had to mortgage her jewelry to avail some treatment.
In the interest of justice, the High Court has now directed that the petitioning husband comply with agreement and provide his wife with land as well as Rs.1.5 lakh by 29 September, 2011 and for this purpose has also urged the DC South, who is also the sub registrar, to ensure that necessary action is taken on or before 29 September.
GANGTOK, 08 Sept: A panchayat representative from South Sikkim, Kumar Chettri, has been hauled up by the High Court of Sikkim for domestic abuse and for failing to provide adequate assurances and medical care to his wife whose has lost sight in one eye abuse suffered in his hands.
This seems to be a classic case where a wife has no option but to remain with her husband despite being at the receiving end of a failed marriage because she has no independent source of income of her own. In fact it has emerged that the husband was having an affair and when accosted by his wife had attacked her. This was a year ago. The victim is reported to be an MR employee earning Rs. 130 per day. The apprehension of the wife in continuing to live with her husband has also been recorded and she has sought assurance from the police in this regard.
The panchayat member had approached the High Court with a plea to quash the FIR registered against him by his wife as well as the court proceedings pending against him in the Namchi courts; this plea was made on the submission that both parties had “mutually settled” the matter in the interest of a “cordial marital life” and in the interest of their minor son.
An agreement had been entered into between the two in March earlier this year. However, the High Court has expressed doubts over the intention of the panchayat member in filing the petition for quashing of proceedings against him. In fact, the High Court has noted that the intention of the accused petitioner seems to be “mala fide” and hence has intervened in the matter to ensure that the victim wife is accorded her due, both in terms of medical treatment as well as security.
This doubt of the court has been further aggravated by the fact that even 6 months after entering into the agreement, the husband has failed to comply and fulfill his part of the agreement. As per the agreement, Kumar Chettri was to transfer some of his land in his wife’s name as well as give her Rs.1.5 lakh so that she could receive treatment for her injured eye.
The report of the SP South on the wife’s complaint reveals that the said panchayat member had been assaulting his wife for the past few years and matters reached the limit in September 2010 when the wife was seriously injured in her left eye. Even a year after the incident, the husband has failed to provide proper medical treatment for his wife who is now blind in one eye.
In fact, the report, which was submitted to the High Court, further revealed that the 42-year-old wife had to mortgage her jewelry to avail some treatment.
In the interest of justice, the High Court has now directed that the petitioning husband comply with agreement and provide his wife with land as well as Rs.1.5 lakh by 29 September, 2011 and for this purpose has also urged the DC South, who is also the sub registrar, to ensure that necessary action is taken on or before 29 September.
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