Sadhana Vs. Hemant - (High Court of Bombay) (18 Apr 2019)

In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable

MANU/MH/0689/2019

Criminal

The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before the learned Sessions Judge. The said appeal came to be dismissed vide order. The main issue before the Sessions Court as to whether the divorcee can claim relief under the Domestic Violence Act, 2005 (DV Act). Learned Sessions Judge in Criminal Appeal held that, there was no domestic relationship between the parties on the date of filing of the petition and accordingly set aside the order of interim maintenance.

In the case of Harbans Lal Malik v. Payal Malik, Delhi High Court has held that, "it is apparent that in order to make a person as respondent in a petition under Section 12, there must exist a domestic relationship between the respondent and the aggrieved person. If there is no domestic relationship between the aggrieved person and the respondent, the Court of MM cannot pass an order against such a person under the Act."

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 under the said Act. The Hon'ble Apex Court in the case of Inderjit Singh Grewal v. State of Punjab and another has observed that, "there is no domestic relationship as husband and wife at the time of filing of petition. Therefore, proceedings under DV Act not maintainable."

In the present case, divorce was granted by the family Court vide order dated 30th June, 2008. Application under DV Act was filed in the year 2009. 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 are legal and correct. There is no perversity or illegality in the impugned orders. There is no merit in the revision, accordingly, Criminal Revision Application is dismissed.

Tags : DV ACT APPLICATION MAINTAINABILITY