Case Note & Summary
The petitioner, Pratibha Andhare, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging the judgment of the Additional Sessions Judge, Osmanabad, which set aside the protection and maintenance orders passed by the Judicial Magistrate First Class (J.M.F.C.), Bhoom in her favor under the Protection of Women from Domestic Violence Act, 2005. The petitioner claimed she was the second wife of respondent Bapusaheb Andhare and cohabited with him for 4-5 years in his house where he lived with his first wife. She alleged that on 1.11.2007, the respondent and his first wife drove her out after severe ill-treatment, demanding money and gold ornaments, and compelling her to do hard labour. She sought a protection order, maintenance, and rent allowance. The respondent denied the relationship and cohabitation, arguing that the proceeding under Section 12 of the Act was not tenable as she was only a second wife. The J.M.F.C. allowed her application, but the Sessions Court reversed it on appeal. The High Court examined whether a second wife is entitled to relief under the Act. The court noted that the petitioner had examined herself and her father, while the respondent did not lead any evidence. The court held that the Act defines 'domestic relationship' broadly to include relationships in the nature of marriage, and cohabitation in a shared household for a significant period establishes such a relationship. The court found that the petitioner had proved cohabitation and domestic violence, and the respondent's denial was not supported by evidence. The High Court set aside the Sessions Court's order and restored the Magistrate's orders, holding that the second wife is entitled to protection and maintenance under the Act.
Headnote
A) Domestic Violence Act, 2005 - Second Wife - Domestic Relationship - Cohabitation in Shared Household - The court considered whether a second wife can claim relief under the Act when the husband denies the marriage. The court held that cohabitation in a shared household for a significant period establishes a domestic relationship, and the second wife is entitled to protection and maintenance orders under Sections 12, 18, 20 of the Domestic Violence Act, 2005. (Paras 1-10) B) Domestic Violence Act, 2005 - Maintenance - Second Wife - Validity of Marriage - The court held that the validity of the second marriage is not a prerequisite for relief under the Act if the woman proves she lived in a domestic relationship and suffered domestic violence. The court restored the Magistrate's order granting maintenance and protection. (Paras 5-10)
Issue of Consideration
Whether a second wife is entitled to protection and maintenance under the Domestic Violence Act, 2005, despite the husband denying the marriage and cohabitation.
Final Decision
The High Court allowed the petition, set aside the Sessions Court's order, and restored the Magistrate's protection and maintenance orders in favor of the petitioner.
Law Points
- Domestic Violence Act
- 2005
- second wife
- domestic relationship
- shared household
- cohabitation
- maintenance
- protection order
