Mere grant of divorce (by husband) would not absolve the former husband and others concerned from criminal misdeeds allegedly committed by them against the aggrieved woman during existence of a domestic relationship between the parties. As per provisions of the Domestic Violence Act, 2005, it is not necessary that the aggrieved woman should have a marriage subsisting and existing with the respondent-husband at the time of filing of an application. No limitation is prescribed for such a woman to seek reliefs under the Act.
Dealing with a petition filed by a husband and his mother seeking to quash the case filed against them by the divorced wife before the lower court under the Domestic Violence Act, the High Court has opined that, “past domestic violence cannot be wiped out on the mere taking or grant of a divorce, contrary to criminal jurisprudence. No one can escape the rigour of the law for past criminal misdeeds, unless the matter is compromised as per law or law itself permits it. The overall facts and circumstances of each individual case would be the guiding factor in deciding the case.”
The case of the petitioners is that no provision of ‘The Protection of Women from Domestic Violence Act, 2005’ enables a divorced wife to seek reliefs under the Act. The respondent woman ceased to be wife of the first petitioner (former husband) long prior to the filing of case before the lower court and hence, no ground was made out for the respondent woman to maintain the domestic violence case. Continuation of proceedings in such a case amounts to abuse of process of law as the case itself was not maintainable once there was no domestic relationship existing between the parties at the time of its filing.
No limitation
After hearing the case and perusing the material on record and various court judgments, the HC made it clear that it is not necessary that the woman should have a marriage subsisting and existing with the respondent person at the time of filing of an application under Section 12 of the Act. No limitation is prescribed for the aggrieved woman to seek reliefs under the Act. ‘Domestic relationship’ is sufficient for the said purpose and if those in such a relationship live together or have lived together in a shared household, it would entitle the relief of maintenance under Section 2(d) of the Act. In the case of Khushi Mohd vs Aneesha, the Rajasthan HC has held that a divorced Muslim wife is also entitled to relief under the Act, 2005 besides the remedies available to her under the Muslim Women (Protection of rights on divorce) Act, 1963, the Court noted.
The Court also referred to the SC judgment in Juveria Abdul Majid Patni vs Atif Iqbal Mansoori case. Relying on the above judgments, the HC held that the domestic relationship between the respondent-wife and the petitioner-husband did not cease upon her obtaining a divorce and the domestic violence case is maintainable in relation to the past acts of domestic violence allegedly committed by the petitioners. and disposed of the petition.