Ritika Singh Sisodiya | TNNLucknow: A Lucknow bench of the Allahabad High Court has raised a significant legal question whether a dispute stemming primarily from marital discord between spouses employed in the same office can be brought within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).Hearing a petition filed by a man challenging a fact-finding report and charge-sheet issued against him following a complaint by his wife under the POSH Act, Justice Pankaj Bhatia observed that the legislation was “intended for a different purpose” and that the issue merited consideration. The court has stayed the disciplinary proceedings against the petitioner until further orders.According to order, passed on Aug 10 but uploaded on Thursday, the couple married in March 2023 and worked in the same office, initially living together after their marriage. The court noted that differences surfaced between them following a visit to Hemkund Sahib.The wife later approached the organisation’s POSH Committee alleging that on October 9, 2024, her husband, who was also her colleague, had used abusive language and made derogatory remarks against her at the workplace in the presence of other employees. The complaint, however, did not disclose that the two were married.Subsequently, on Dec 28, 2024, the woman lodged an FIR alleging caste-based abuse, dowry demand, physical assault and verbal harassment. In the FIR, she disclosed that the accused was her husband.The POSH Committee, while examining the complaint, found that the couple had been experiencing marital discord before the alleged workplace incident. It nevertheless held that personal differences could not justify disrespectful conduct at the workplace and concluded that the husband’s alleged behaviour, including muttering objectionable remarks, attracted provisions of the POSH Act.The committee also recommended disciplinary action against both employees for allegedly concealing their marital relationship from the management for more than a year.Before the high court, the husband argued that a purely matrimonial dispute had been “dragged” into workplace harassment proceedings and that the complaint was being used to settle personal scores.Observing that the matter required deeper examination, the court said, “Prima facie, the matter requires consideration as to whether proceedings initiated and emanating essentially from marital discord can be dragged into invoking the provisions of the POSH Act, which is intended for a different purpose.”The matter will be taken up for further hearing at a later date.
