] Sekarreporter1: https://twitter.com/sekarreporter1/status/1397734831732051970?s=1006 [5/27, 07:32] Sekarreporter1: *GLIMPSE OF A LATEST VERDICT* *W.P. 7280/2021* S. Rajeshwari Vs. The Secretary, Dept. of Treasuries & Accounts & 3 Ors. Dated: 19.03.2021 *Hon’ble Justice S. Vaidyanathan*

[5/27, 07:32] Sekarreporter1: https://twitter.com/sekarreporter1/status/1397734831732051970?s=1006
[5/27, 07:32] Sekarreporter1: *GLIMPSE OF A LATEST VERDICT*

*W.P. 7280/2021*
S. Rajeshwari Vs. The Secretary, Dept. of Treasuries & Accounts & 3 Ors.
Dated: 19.03.2021

*Hon’ble Justice S. Vaidyanathan* dismissed the Writ Petition as devoid of Merits in the matter of *“Withholding Pension based on complaint under Protection of Women from Domestic Violence Act”* and compared the misuse of the above provisions as *“Legal Terrorism”* and further held the following:

i) Withholding of pensionary and other retirement benefits is impermissible as the retiral benefits must be disbursed to the employees concerned as long as he is alive.

ii) Court cannot issue directions based only on mere surmises and conjectures.

iii) The issue relating to the release or stoppage of monetary and pensionary benefits should be decided by the concerned authority.

iv) The object of the Protection of Women from Domestic Violence Act is that the victim lady should be enabled by Law to live in the matrimonial house peacefully and not the intention of the said enactment to enable the wife to break away her relationship with her husband or the husband’s family.

v) The Hon’ble Justice further observed the prevalent situation and misuse of the well-intended provisions of the Protection of Women from Domestic Violence Act, that it is being used as a weapon rather than its intended purpose as a shield.

vi) The Hon’ble Justice also drew the analogy given by the Supreme Court in Sushil Kumar Sharma vs. Union of India and others (W.P. (civil) 141 of 2005) in which it was described that the misuse of the provisions of the Anti-Dowry Law as “Legal Terrorism”, that the misuse of the provisions of the Protection of Women from Domestic Violence Act is tantamount to “legal terrorism”