Cruelty case against husband possible even after divorce says SC
A
woman
can
lodge
a
complaint
under
the
domestic
violence
law
against
the
excesses
committed
by
her
ex-husband
even
after
divorce,
the
Supreme
Court
has
said.
The
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.