05 September 2012

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High Court Judge K Bhaktavatsala tells to domestic abuse victim adjust' to domestic abuse meted out by husband

High Court Judge K Bhaktavatsala tells to domestic abuse  victim adjust' to domestic abuse meted out by husband


Short Biography of Justice Bhaktavatsala
Justice Bhaktavatsala, born in 1952, completed his graduation from SJR College in Bangalore
received his LLM from University Law College, Nagpur.
He enrolled as an advocate in Bangalore in 1980
He was recruited to the Higher Judicial Service in 1988, serving as District and Sessions Judge
He became  Additional Judge of the Karnataka High Court in 2002.
He was made a permanent judge on July 17, 2004.

Case in Short –
The 28-year-old woman’s 37-year-old 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.
a young woman  stated reason for not living with her husband was that the latter used to beat her.

The 59-year-old judge has been serving in the high court since 2004.
The bench of Justice Bhaktavatsala and Justice B S Indrakala were told that the woman’s husband used to beat her and had thrown her out of the house. Upon this, Justice Bhaktavatsala said following.

Karnataka High Court's Justice K. Bhaktavatsala asked and  told a domestic abuse victim that

it might be okay for the husband to beat a woman if he took good care of her.

Women suffer in all marriages

You are married with two children and know what it means to suffer as a woman

Your husband is doing good business

He will take care of you

Why are you still talking about his beatings

The woman, who had come with her younger son, stuck to her stand of not going with her husband. Upon this, Justice Bhaktavatsala told the man to take his her and their son out for lunch. “Take them and eat Davanagere benne dose. Everything will be alright,”

The court was told that the husband would beat her in the middle of the night and had thrown her out of the house. Justice Indrakala said their child was in court and should not have to hear about it. To Justice Bhaktavatsala’s query, the boy said he was studying in the fifth standard.

K Bhaktavatsala said, " Why are you still talking about his beatings? I know you have undergone pain. That is nothing in front of what you undergo as a woman. I have not undergone such pain. But madam (Justice BS Indrakala) has. 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. 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.

The Court said 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?” The court directed the couple to go out and talk to each other. The man was told to speak to his son, and the judge asked, “What have you got for your son?” When the boy refused to go near his father, the judge asked the woman, “Have you told him not to speak to his father?” The woman replied that her husband had never spoken to their son, which was the reason for the child being wary of him.

Justice told to female lawyer "Family matters should be argued only by married people, not spinsters. You should only watch. Marriage is not like a public transport system. You better get married and you will get very good experience to argue such cases."

Spinster means
1. A woman who has remained single beyond the conventional age for marrying.
2. A single woman.
3. A person whose occupation is spinning.

Mumbai-based activists have now sent a petition signed by over 500 people to Chief Justice of India S.H. Kapadia.

The CJI has been urged to conduct an inquiry into the remarks passed by the judge and intervene to ensure that there is no miscarriage of justice in all cases relating to women because of such biased views".

Problem with Indian divorce law is that judges try to patch up husband and wife , and this waste the time of judiciary.

If both parties are educated and earning, the divorce should be granted in a one day.

No one is going to stop them from marrying again.
Why to waste the time of judiciary.

An online petition addressed to the Chief Justice of India has sought to remove Justice Bhaktavatsala, a sitting judge of the Karnataka High Court.


Petitioning Honorable Chief Justice Remove Justice Bhaktavatsala –Karnataka


Reality views by sm –

Wednesday, September 05, 2012

Tags -  Gender Discrimination Family Abuse


Usha September 05, 2012  

I am shocked to read how High court judge asked woman to return back to abusive husband...if highest judicial authority fails to deliver fair justice then where else to look for justice?

Judge Bhaktavatsala should step down from his post.

I remember reading on your blog that somebody has written book on "How to beat wife"...no wonder that book was allowed to publish.

Virendra Kumar Sharma September 06, 2012  

ये भक्त वत्सलंम बाबा तुलसी के वंशज लगतें हैं जो कह गए थे -शूद्र ,गंवार ,ढोल ,पशु -नारी ,सकल ताड़ना के अधिकारी .हद तो यह है एक बार भी यह नहीं कहा गया कि पति(परमेश्वर अन्नदाता )को ऐसा नहीं करना चाहिए था .उन्हें आगे के लिए आश्वासन देना चाहिए .सारा मामला एक तरफ़ा है जज को तरक्की तलाक पे नहीं सुलह करवाने के मामलों की संख्या को देख मिलती है .ये मेरा इंडिया प्यारे ...आई लव माई इंडिया .तर्क यहाँ यह है मार पड़ती है तो क्या रोटी तो मिलती है उस बालश्रमिक की तरह जो सारे दिन ताने और दुत्कार खाता है ,जूठन पाता है .शेम फॉर वत्सलंम (काहे का भगत है ये भाई साहब )और वत्सलता ?आँख के अंधे नाम नैन सुख .

DWei September 06, 2012  

Oh wow, way to be backwards India. Not visiting you anytime soon.

MEcoy September 06, 2012  

i dont know why people commit that

AguiLeon September 06, 2012  

not all women suffer in marriages

deeps September 07, 2012  

maybe this is another news that can come under
'only in India'

glasglary November 30, 2012  

Kanive Law Chambers established to take care with company litigations, Supreme Court cases, high court cases, civil litigations also divorce cases will all be handled by our professional advocates.

High Court Advocates Bangalore

Ibrahimvlfb February 28, 2013  

i dont know why people commit that