Case Note & Summary
The case involves a criminal revision application filed by Smt. Sadhana Walwatkar against the dismissal of her application under Sections 12 and 18 of the Protection of Women From Domestic Violence Act, 2005. The applicant married the respondent on 15 July 1999 and had two children. The respondent filed a petition for restitution of conjugal rights, which was amicably settled, and they lived together on trial basis. Subsequently, the respondent converted the petition into a divorce petition under Section 13 of the Hindu Marriage Act, and divorce was granted on 30 June 2008. In 2009, the applicant filed an application under the DV Act alleging domestic violence. The respondent resisted on the ground that there was no domestic relationship as the applicant was not residing with him and was no longer his wife due to the divorce. The Judicial Magistrate First Class, Nagpur dismissed the application on 20 August 2015. The applicant appealed to the Sessions Court, which dismissed the appeal on 3 August 2017, holding that there was no domestic relationship. The High Court heard the revision and upheld the lower courts' decisions, finding that the applicant was not entitled to relief under the DV Act as there was no domestic relationship at the time of filing the application.
Headnote
A) Domestic Violence - Domestic Relationship - Sections 12, 18, 2(a) Protection of Women From Domestic Violence Act, 2005 - Maintainability of Application After Divorce - The applicant wife filed application under DV Act after divorce was granted. The court held that since the applicant was not residing with the respondent and there was no domestic relationship at the time of filing, the application is not maintainable. The lower courts correctly rejected the application. (Paras 2-5)
Issue of Consideration
Whether a divorced wife can maintain an application under the Protection of Women From Domestic Violence Act, 2005 when there is no domestic relationship at the time of filing the application.
Final Decision
The revision application is dismissed. The judgments of the JMFC and Sessions Court are upheld.
Law Points
- Domestic relationship under DV Act requires shared household or residence
- divorce terminates domestic relationship
- application under DV Act not maintainable after divorce if no shared household
Case Details
2019 LawText (BOM) (04) 191
Criminal Revision Application (REVN) No. 121 of 2018
Smt. Amruta A. Ghonge (appointed) for applicant, Shri R.N. Sen for respondent
Smt. Sadhana w/o Hemant Walwatkar
Hemant s/o Shalikramji Walwatkar
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Nature of Litigation
Criminal revision against dismissal of application under DV Act
Remedy Sought
Applicant sought relief under Sections 12 and 18 of DV Act alleging domestic violence
Filing Reason
Alleged domestic violence by husband after divorce
Previous Decisions
JMFC dismissed application on 20-08-2015; Sessions Court dismissed appeal on 03-08-2017
Issues
Whether the applicant had a domestic relationship with the respondent at the time of filing the application under DV Act?
Submissions/Arguments
Applicant argued that she was subjected to domestic violence and entitled to relief under DV Act.
Respondent argued that there was no domestic relationship as divorce was granted and applicant was not residing with him.
Ratio Decidendi
An application under the Protection of Women From Domestic Violence Act, 2005 is not maintainable if there is no domestic relationship at the time of filing, as defined under Section 2(a) of the Act. Divorce terminates the domestic relationship, and without shared household, no relief can be granted.
Judgment Excerpts
The present revision is against the judgment of 25th Judicial Magistrate, First Class, Nagpur in Miscellaneous Criminal Application No. 1087 of 2009 by which the application of the applicant came to be rejected vide order dated 20th August, 2015.
The brief facts... The applicant/wife had filed an application under Sections 12 and 18 of the Protection of Women From Domestic Violence Act, 2005...
Both the parties adduced their respective evidence before the learned JMFC, Nagpur, who dismissed the said application by judgment dated 20th August, 2015.
Procedural History
Applicant filed application under DV Act in 2009 before JMFC, Nagpur, which was dismissed on 20-08-2015. Appeal before Sessions Court, Nagpur (Criminal Appeal No. 235 of 2015) was dismissed on 03-08-2017. Applicant then filed criminal revision before Bombay High Court, Nagpur Bench, which was heard and dismissed on 18-04-2019.
Acts & Sections
- Protection of Women From Domestic Violence Act, 2005: 12, 18, 2(a)
- Hindu Marriage Act, 1955: 13
