Case Note & Summary
The case involves a criminal revision application filed by the husband, Sanjay Bapurao Aarewar, challenging the judgment and order dated 27/4/2021 passed by the Additional Sessions Judge, Kelapur, which enhanced the maintenance amount from Rs.1500/- per month to Rs.3000/- per month in favor of his divorced wife, Sangita Sanjay Aarewar. The parties were married on 25/5/2005, but the wife left the matrimonial home and resided separately. On 5/12/2012, she filed Misc. Criminal Case No. 83/2012 under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) seeking various reliefs including monetary relief. On the same day, she also filed HMP No. 50/2012 for divorce under Section 13 of the Hindu Marriage Act, 1955. The trial court granted maintenance of Rs.1500/- per month from 5/12/2012 on 17/6/2014. Meanwhile, the civil court granted a decree of divorce on 13/1/2014. The wife appealed against the maintenance order, and the appellate court enhanced the maintenance to Rs.3000/- per month. The husband then filed this revision. The primary legal issue was whether a divorced wife is entitled to maintenance under the PWDV Act given the absence of a subsisting domestic relationship. The husband argued that after divorce, there is no domestic relationship, relying on Sadhana Hemant Walwatkar v. Hemant Shalikramji Walwatkar (2019 SCC OnLine Bom 659). The wife contended that even after divorce, she is entitled to relief under the PWDV Act, citing Prabha Tyagi v. Kamlesh Devi (2022(3) UC 1505). The court analyzed the Supreme Court's decision in Prabha Tyagi, which held that domestic relationship need not subsist at the time of filing the application; it is sufficient if the parties had lived in a domestic relationship and the violence relates to that period. The court also relied on V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183, which held that a subsequent divorce decree does not absolve liability for domestic violence committed during the marriage. Applying these principles, the court found that the allegations of domestic violence related to the period when the parties were in a domestic relationship. Therefore, the wife was entitled to maintenance. The court dismissed the revision application, finding no perversity in the impugned judgment.
Headnote
A) Domestic Violence Act - Maintenance - Entitlement of Divorced Wife - Sections 12, 18, 19, 20, 22 of Protection of Women from Domestic Violence Act, 2005 - The core issue was whether a divorced wife can claim maintenance under the PWDV Act after divorce. The court held that even after divorce, if domestic violence occurred during the period of domestic relationship, the wife is entitled to relief under the Act. The Supreme Court in Prabha Tyagi v. Kamlesh Devi clarified that domestic relationship need not subsist at the time of filing the application. (Paras 6-13) B) Domestic Violence Act - Domestic Relationship - Subsisting Requirement - Section 2(f) of Protection of Women from Domestic Violence Act, 2005 - The court examined whether a subsisting domestic relationship is mandatory for filing an application under Section 12. Relying on Prabha Tyagi, it held that it is not necessary that the domestic relationship be subsisting at the time of filing; it is sufficient if the parties had lived in a domestic relationship at any point of time and the violence relates to that period. (Paras 11-13) C) Domestic Violence Act - Effect of Divorce Decree - Liability for Domestic Violence - Sections 12, 20 of Protection of Women from Domestic Violence Act, 2005 - The court considered whether a decree of divorce absolves the husband from liability for domestic violence. Following V.D. Bhanot v. Savita Bhanot, it held that once domestic violence is committed, a subsequent divorce decree does not absolve the respondent from liability or deny the aggrieved person's entitlement under the Act. (Para 12)
Issue of Consideration
Whether a divorced wife is entitled to reliefs under the Protection of Women from Domestic Violence Act, 2005 for want of existence of domestic relationship at the time of filing the application.
Final Decision
The Criminal Revision Application is dismissed. The impugned judgment and order dated 27/4/2021 passed by the Additional Sessions Judge, Kelapur in Criminal Appeal No. 20/2014 is upheld.
Law Points
- Domestic relationship need not subsist at time of filing application under PWDV Act
- Divorced wife entitled to maintenance under PWDV Act if domestic violence relates to period of domestic relationship
- Decree of divorce does not absolve liability for domestic violence committed during marriage
