Can marital discord between colleagues invoke POSH Act: Allahabad HC

The Allahabad High Court has sought to examine whether a marital dispute between spouses working in the same office can fall under the POSH Act. The court stayed disciplinary proceedings against the husband while considering whether personal discord was being brought into workplace proceedings

Lucknow: The Allahabad High Court on Thursday sought to examine whether a dispute essentially arising from marital discord between a couple working in the same office can be brought within the ambit of the POSH Act, observing that the legislation is “intended for a different purpose”.

Justice Pankaj Bhatia of the Lucknow bench made the observation while hearing a petition filed by the husband challenging a fact-finding report and charge sheet issued against him following a complaint by his wife under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or POSH Act. The court has stayed disciplinary proceedings against the man pending further orders. The couple, who married in March 2023, were working in the same office and initially lived together.

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The bench stated that differences developed between them following a visit to Hemkund Sahib. The woman subsequently complained to the POSH Committee that on October 9, 2024, her husband, also her colleague, used foul language and made derogatory remarks against her in the office in the presence of others.

The complaint did not disclose their marital relationship. The woman also lodged an FIR on December 28, 2024, alleging caste-related abuse, dowry demand, physical assault and verbal abuse, in which she mentioned their marriage.

The POSH committee found that the couple had been facing marital discord before the alleged workplace incident. It held that marital differences could not justify disrespectful behaviour at the workplace and concluded that the husband’s conduct, including muttering and objectionable remarks, attracted the POSH Act.

The committee also recommended disciplinary action against both spouses for allegedly failing to disclose their marital status to the management for over a year. Before the high court, the husband pleaded that the marital dispute had been “dragged” into the POSH proceedings and that his wife was being used to settle personal scores.

The court observed, “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.”