Odisha high court quashes criminal proceedings against housewife’s disproportionate assists
CUTTACK: The High Court on Wednesday dismissed a case while hearing, registered against a housewife which is pending before the Special Judge Vigilance arising out of disproportionate assets proceedings.
A single judge bench headed by Justice Sibo Sankar Mishra, said that the housewife, the petitioner cannot be made an accused in the disproportionate assets case because there are certain assets in her name made by her accused husband which are not independently acquired by her.
The court said that an unemployed wife is always dependent upon the will of her employed husband who has the capacity to dominate the will of his wife (petitioner).
The Justice further said that the unemployed wife, has no scope to deny in purchase of movable or immovable property in her name mainly dominated by her accused husband and that onus lies on the main accused to prove the source of income from which assets acquired in his wife’s name, the court said.