Skip to main content

Divorce does not absolve the husband from liability under the Domestic Violence Act

Deciding a case of domestic violence, where the decree of divorce had been obtained subsequently, the Court held that an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Protection of Women from Domestic Violence Act, 2005 (DV Act) including monetary relief under Section 20, Child Custody under Section 21, Compensation under Section 22 and interim or ex parte order under Section 23 of the DV Act.

In the present case, the appellant obtained an ex parte ‘Khula’ from Mufti under the Muslim Personal Law on 09.05.2008 and filed a petition under Section 12 of the DV Act on 29.09.2009 alleging that the respondent was not providing maintenance to her and her child under Sections 8 to 23 of the DV Act. The bench of Sudhansu Jyoti Mukhopadhaya and S.A. Bobde, JJ, considering the fact that the respondent had challenged the ex parte ‘Khula’ and had filed a petition for restitution of conjugal rights, held that it cannot be concluded that the decree of divorce was granted on 09.05.2008.

Moreover, the Court was of the opinion that even if after obtaining the decree of divorce, the wife who had shared the household in the past but was no longer residing with the husband, can file a petition under Section 12 of the DV Act if subjected to domestic violence seeking relief under Section 18 to 23 of the DV Act. In the present case, where the parties were represented by Shilpa Singh and KC Dua, the alleged domestic violence took place between January, 2006 and September, 2007. Hence, the Court held that even if it is accepted that the appellant had obtained ex parte ‘Khula’ under the Muslim Personal Law from the Mufti on 09.05.2008, the petition under Section 12 of the Domestic Violence Act, 2005 was maintainable. [Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, Criminal Appeal No. 2069 of 2014, decided on 18.09.2014]

Comments

Post a Comment

Most viewed this month

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice

In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court  by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...
Post a Comment
Read more

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/
Post a Comment
Read more

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more