Justice Swarana Kanta Sharma of the High Court, however, observed that while deciding on the question of framing a criminal charge, the opinion of a court of law cannot be prismed through any stereotypical perception about a gender or a profession.
Making such assumptions would amount to holding that a person in a particular profession will always behave in a way as perceived by the public, the High Court observed.
It would be unjustified and biased to assume that a person who is working as a police officer can never be a victim of domestic violence, the High Court held.
“Moreover, the present case also presents a contradictory view where both the husband and the wife are working on equal status/ post in Delhi Police, however, the position of the wife as police officer has been held against her observing that since she is a Police officer, she cannot be intimidated, harassed, dowry cannot be demanded from her, she cannot be tolerant in order to save her marriage, totally ignoring her specific allegation and submission that she had kept on waiting and hoping her return to her matrimonial home and saving her marriage. Conversely, it has been held that since the accused husband is in Police, he will not intimidate his wife,” the Bench added.
Source: Barandbench
