Woman can file complaint against ex-husband for cruelty even after divorce: SC


New Delhi, May 12 (PTI): A woman can lodge a complaint under the domestic violence law against the excesses committed by her ex-husband even after the dissolution of marriage, the Supreme Court has said.

The top court refused to interfere with the order of the Rajasthan High Court which held that the absence of subsisting domestic relationship in no manner prevents a court from granting relief to the aggrieved woman.

The high court had passed the order while adjudicating a matrimonial dispute.

A bench of justices Ranjan Gogoi, R Banumathi and Navin Sinha dismissed the appeal against the high court verdict, saying it was not inclined to interfere with the order in the facts of the case.

During the hearing, advocate Dushyant Parashar,appearing for the estranged husband, said that the provisions of the Protection of Women from Domestic Violence Act, 2005, which came into force on October 26, 2006, could not be applied retrospectively.

He submitted that if the provisions of the domestic violence law were allowed to be used retrospectively, then it would be subjected to gross misuse.

Parashar contended that husband-wife relationship often ends on an acrimonious note and if the provisions of the Act were allowed to be used retrospectively, then it would further increase the acrimony and rule out the possibility of any compromise.

He said that legislature's purposive interpretation has to be kept in mind while interpreting any provisions of the law.

The bench, however, refused to agree with the contention of Parashar and declined to interfere with the high court order in the facts of the case.

The high court had held on October 30, 2013 that the subsistence of marriage or domestic relationship was not a condition precedent for an aggrieved person to invoke the protection orders and other reliefs under the provisions of the Act.

"If the aggrieved person had been in domestic relationship at any point of time even prior to coming into the force of the Act and was subjected to domestic violence, the person is entitled to invoke the remedial measures provided under the Act," it had said.

The high court had said cited an example saying that even after the dissolution of marriage between the parties, if an ex-husband attempts to commit an act of violence such as entering the place of employment of the divorced wife, trying to establish contact with her or causing violence to her dependents or other relatives, she is not precluded from seeking protection orders under the law.

It had said that likewise, if the divorced husband attempts to dispossess the woman from the shared household or property jointly owned, she can approach a court for appropriate relief.

  

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Comment on this article

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Sun, May 13 2018

    A I read the summary of the HC judgment, it appears that retroactive effect was given by the judges which is against judicial precedent; SC should have made its position clear that such is not the case. After the statute came into force, the cruelty complaints should be quite in order and are not subsumed by the divorce which is entirely a civil matter. Similarly, any acts of cruelty (in fact, harassment) should be permissible under the statute just as any other person can.
    From the facts of this case it seems that the woman was not satisfied with freeing herself from her marriage; she wants to avenge for the past which she has, and will never, forget. A lopsided legal relationship men enter into when they marry!

    DisAgree Agree [1] Reply Report Abuse

  • Deghi Mirch, India

    Sun, May 13 2018

    Indeed. As per this open ended judgement, even a woman who had divorced her husband 30 years ago can file a torture complaint against her ex now because this domestic violence act will be used without considering the divorce matter.

    I can foresee a deluge of fakes cases coming up on the horizon because women can quickly make money out of it by exerting legal pressure tactics and by making unfounded allegations. The lawyers will tell them how to play this game. The bechara man will try to settle it out of court to prevent shame and bad publicity.

    If you are a divorcee man with assets, prepare yourself for the onslaught of cases coming your way.

    Don't bank on politicians. They won't care because they don't want to amend the women-centric laws due to vote bank.

    Welcome to India.

    DisAgree Agree [2] Reply Report Abuse

  • Beowulf, Mangalore

    Sun, May 13 2018

    Its better not to get married.

    DisAgree Agree [8] Reply Report Abuse

  • Mangalurian, Mangaluru

    Sun, May 13 2018

    My recommendation to the unmarried men:

    Please wait till your girlfriend turns 40 (perhaps even 50) before you get married.

    After that there will be a divorce, of course....

    ...but very little energy will be left to feed you to the police, lawyers and the courts.

    DisAgree [1] Agree [9] Reply Report Abuse

  • Declan, Karnataka/Mumbai

    Sun, May 13 2018

    Jashodaben please note.

    DisAgree Agree [18] Reply Report Abuse

  • Jenifer, Mangalore

    Sun, May 13 2018

    She will continue to haunt her ex as well as his supporters till the day he graces the position.

    DisAgree Agree [8] Reply Report Abuse

  • Ivar, Mangalore

    Sun, May 13 2018

    That was mutually settled ages ago.
    Now Neither she is interested in Modi nor he in her.
    Only Declan and Jenifer are more interested in their long forgotten relationship.

    DisAgree [7] Agree [5] Reply Report Abuse

  • Declan, Mumbai

    Sun, May 13 2018

    Seems like you were witness. So you must be having the details about the settlement too or is it locked in a safe in Nagpur ?

    DisAgree [2] Agree [3] Reply Report Abuse

  • Ivar, Mangalore

    Sun, May 13 2018

    Are these three judges in their senses?
    Divorce itself takes half of a man's life and full of his savings. After all settlement, the wife can now easily blackmail the ex-husband !!!
    Kapil Sibal, how about an impeachment motion??

    DisAgree [3] Agree [23] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Sun, May 13 2018

    Why can't the SC make it a criminal offense for men to get married?

    DisAgree [1] Agree [17] Reply Report Abuse

  • Abdul Jabbar, Mangalore

    Sun, May 13 2018

    Matlab ..wah kya logic hai..Har taraf se sirf husband ki hi phaado...Divorce ke baad bhi usay chain se jeene mat do

    DisAgree Agree [10] Reply Report Abuse

  • Deghi Mirch, India

    Sun, May 13 2018

    Dear Abdul,

    it's your favourite party Congress which had created this one-sided domestic violence act back in 2005. It's your own beloved Indira Gandhi who has enacted this Dowry law 498A back in the early 80s. Congress wanted to divide society so safeguard women's vote. For this reason they specifically made sure there was no punishment for misuse of these laws. You people continue to vote for that party. So now please don't complain to Modi. He can not change the rigged system of last 70 years.

    Even our neighbour Bangla Desh amended the dowry law to bring in 5 years prison sentence for misuse but in our country the moment this issue is raised, you will be branded as anti-women. So all you can do for now is to learn to live with it.

    Dividing the society is the only weapon Congress has in its kitty. Look at their games just before the elections - whether it's Andhra state bifurcation back in 2012 or Lingayat issue in Karnataka assembly election. It's no wonder that there is rise of right wing nationalism to counter these divisive policies.

    By the way I am not a hindu.

    DisAgree Agree [1] Report Abuse


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