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Woman can’t file DV plaint against ex-husband: Bombay HC

The court was hearing the appeal of a 42-year-old woman against the order of a lower court, which had rejected her complaint under the DV Act on the grounds that there were no marital relations between her and her ex-husband on the day of filing the complaint.

mumbai Updated: Apr 28, 2019 02:19 IST
Kanchan Chaudhari
Kanchan Chaudhari
DV plaint,ex-husband,Bombay HC
The Bombay high court (HC) last week held that a divorced woman cannot invoke provisions of the Protection of Women from Domestic Violence (DV) Act, 2005, against her former husband.

The Bombay high court (HC) last week held that a divorced woman cannot invoke provisions of the Protection of Women from Domestic Violence (DV) Act, 2005, against her former husband.

The court was hearing the appeal of a 42-year-old woman against the order of a lower court, which had rejected her complaint under the DV Act on the grounds that there were no marital relations between her and her ex-husband on the day of filing the complaint. Rejecting the appeal, the bench of justice MG Giratkar said, “In the present case, there was no domestic relation on the date of filing of application under the DV Act and therefore, the applicant/wife is not entitled for any protection.”

The couple got married in July 1999. The woman then left her husband and he approached the family court, seeking divorce. The plea for divorce was accepted on June 30, 2008 and the marriage was dissolved. In 2009, the woman approached a local judicial magistrate, invoking provisions of the DV Act against her husband. The husband objected to the complaint, contending that there was no “domestic relationship” between them.

His objection was accepted on August 20, 2015. She then appealed to the sessions court against the magistrate’s order. After her plea was dismissed, she approached HC against the sessions court order.

“At the time of filing of application under the DV Act, the applicant was not the wife. There was no domestic relationship between them. Hence, orders passed by the learned JMFC, Nagpur and maintained by additional sessions judge, Nagpur are perfectly legal and correct. There is no perversity or illegality in the impugned orders,” said the judge.

First Published: Apr 28, 2019 02:19 IST