Bombay High court has introduced a trial of criminal offense against an anonymous artist named as Chintan Upadhay on ground of painting nude and abusive pictures of his estranged wife with whom this legally enforced divorce case is in the process to finalize.
It has been said that the duo got married in the year 1998 and in spite of possessing a flat jointly they used to stay separately in Mittal Ocean View on Juhu Tara Road in the suburban area of Santacruz because they entangled in a divorce case.
After such slanderous incident of painting wife’s nude portrait a case under Indecent Representation of Women (Prohibition) Act was filed against the artist husband for portraying her nudity and committing such offense.
In accordance to her compliant Bandra Magistrate has continued to process the issue legally against painter and husband Upadhay on January 8th who in turn has refuted the order publicly and decided strongly to challenge the court order in the Bombay High Court.
In spite of carrying forward this case before High court it did not hear Upadhay and convicted his offence under the provisions of Indian penal code or Act representing the indecent attitude towards women therefore this case is legalized and in the eyes of law it is abusive so the court proceedings needs to be continued.
Justice S C Dharmadikari has confirmed that once it is proved offensive and illegal then no rules or court order can refute on the ground of ‘freedom of speech and expression” or to be misguided on the ground that those acts has been performed inside the close doors of four walls.
Further this tale has a twist; the room where it contains the nude paintings of the wife is not kept enclosed in private affairs because it has an easy accessibility by the servants and even the driver. So it doesn’t add to the right of privacy and life and liberty as constituted by act of judiciary. Therefore it would be improved to withdraw the cases because according to the constitutional proceedings the following offences need to be justified.
In addition to that the wife will have to prove these allegations meted out to him properly and bring the relevant documents and proof as being ordered to justify this crime, where the derogatory paintings of the wife is brought under scanner before the public forum and she has to undergo disgrace.