Case Note & Summary
The case involves a criminal revision application filed by Atmaram Sanap challenging concurrent orders of maintenance passed under the Protection of Women from Domestic Violence Act, 2005. The applicant married respondent no.1 on 15.05.1993, and they had two daughters (respondents 2 and 3). The wife alleged that from the marriage itself, the husband subjected her to physical and mental abuse, declaring he wanted an educated wife. He fraudulently obtained a divorce decree on 20.10.2000 by promising it was only a paper decree, and she continued to cohabit with him as husband and wife for ten years thereafter. In April 2010, the husband married another woman and brought her home, declaring the divorce severed their relationship. He abused and drove the wife out on 22.08.2010, leading to police complaints. The wife filed a complaint under Section 12 of the DV Act, which was allowed by the Magistrate on 02.11.2017, granting maintenance. The husband's appeal to the Sessions Judge was dismissed on 17.10.2018. The High Court, in revision, upheld the concurrent findings, holding that the wife's continued cohabitation after divorce entitled her to protection under the DV Act, and the husband's second marriage and subsequent abuse constituted domestic violence. The court dismissed the revision application, affirming the maintenance orders.
Headnote
A) Domestic Violence - Maintenance - Cohabitation after Divorce - Section 12, Protection of Women from Domestic Violence Act, 2005 - The respondent wife, despite a divorce decree in 2000, continued to live with the applicant husband as husband and wife for ten years. The court held that such continued cohabitation entitles her to protection under the DV Act, and the husband's second marriage and abuse constitute domestic violence. (Paras 2-4) B) Domestic Violence - Shared Household - Definition - Section 2(s), Protection of Women from Domestic Violence Act, 2005 - The wife continued to reside in the matrimonial home even after divorce, which qualifies as a 'shared household'. The court upheld the concurrent findings granting maintenance to the wife and daughters. (Paras 2-4)
Issue of Consideration
Whether a divorced woman who continues to cohabit with her former husband in the same household is entitled to protection and maintenance under the Protection of Women from Domestic Violence Act, 2005, and whether the husband's second marriage and subsequent abuse constitute domestic violence.
Final Decision
The High Court dismissed the criminal revision application, upholding the concurrent orders of maintenance passed by the Magistrate and affirmed by the Sessions Judge.
Law Points
- Domestic Violence
- Maintenance
- Cohabitation after divorce
- Shared household
- Protection of Women from Domestic Violence Act
- 2005
