Post-divorce, no relief under Domestic Violence Act: Bombay High Court

The Bombay High Court has ruled that a woman cannot seek relief under the Domestic Violence Act against her divorced husband, as after divorce there is no husband-wife relationship between two individuals.

Justice M G Giratkar while turning down the plea filed by a woman said, "There was no domestic relationship between the complainant and the accused on the date of filing the application under the DV Act and therefore the applicant/ wife is not entitled to any protection under the said Act."

The woman had challenged the lower courts' order rejecting her plea claiming that she is entitled to relief even though she is divorced. The husband opposed the plea saying that, by order, they were granted a divorce in the year 2008 and the woman has moved the application under the Domestic Violence Act, seeking relief a year later.

The woman relied on several apex court judgments to prove her point that she was entitled to relief. However, the High Court after going through each of these points noted that "In the present case, divorce was granted by the family court in 2008. The application under the DV Act was filed in 2009. At the time of filing the application under the DV Act, the applicant was not the accused's wife. There was no domestic relationship between them. Hence, orders passed by the learned JMFC and maintained by the sessions judge, are perfectly legal and correct. There is no perversity or illegality in the impugned orders. Accordingly, the plea is being dismissed."

COURT RULING

The Bombay HC ruled that a woman can’t seek relief under Domestic Violence Act against her divorced spouse, as after divorce there is no husband-wife relationship between them