The Nagpur bench of the Bombay high court observed that the home Violence Act cannot be invoked towards a person by means of his ex-spouse "much after the divorce court cases had attained finality and findings had been rendered in opposition t her."
The remark came all over the listening to of an application filed beneath the DV Act through a woman in 2016 towards her husband. She changed into seeking a lot of reliefs together with month-to-month protection, compensation, home order and other financial merits.
THE CASEThe couple acquired married in March 2011. although, a matrimonial discord between them ended in the husband submitting for divorce on the ground of cruelty earlier than the household courtroom at Akola on September sixteen, 2014.
The court docket's finding was that the spouse had certainly inflicted cruelty on the husband. The court docket had additionally rejected an application by way of her for restitution of conjugal rights. She had then appealed in the Bombay excessive court docket and then moved the Supreme courtroom. however her appeal turned into rejected at each the courts.
ultimately in may also 2016, she filed an software beneath the DV Act, the place she made allegations corresponding to those made within the court cases bearing on the divorce decree and the software for restitution of conjugal rights and thereafter, claimed that the husband had handled her with cruelty, by using performing a 2d marriage.
The husband hostile this with the aid of filing an software difficult the tenability of the wife's plea and spoke about the past circular of litigation between both. youngsters, by means of the end of that yr, the magistrate courtroom rejected the husband's software. The husband and his family members, against whom the home violence case become registered, approached the excessive court docket.
all through the listening to, Justice Manish Pitale of the Nagpur bench of the Bombay high court docket observed that the divorce decree granted and rejection of the restitution of conjugal rights filed by means of the spouse had attained finality.
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BOMBAY HC'S commentaryThe query before the court docket was even if the act of the husband of performing a second marriage after the grant of a divorce decree may also be spoke of to be an act of domestic violence under the provisions of the DV Act. The different related question before the court turned into even if the continuing initiated by means of the spouse under the provisions of the DV Act can also be pointed out to be an abuse of the method of legislation.
Justice Manish Pitale observed that the husband and spouse have been married at one point and hence had a home relationship but the DV act can't be invoked in opposition t him as their divorce lawsuits had attained finality.
Justice Manish Pitale extra observed, "It changed into no longer as if the respondent (spouse) had initiated a continuing beneath the DV Act throughout the course of the matrimonial discord between the events. it's after the respondent suffered hostile orders within the complaints in regards to the divorce petition and the software for restitution of conjugal rights, which stood established right up to the Supreme court, that she grew to become around and sought to invoke the provisions of the DV Act.
"This demonstrates that the method wherein the lawsuits were sought to be initiated under the provisions of the DV Act become nothing however an abuse of manner of legislations. The respondent could not be accepted to maintain the applicants engaged in litigation during this form, when the requirements of the DV Act, on the face of it, didn't appear to be satisfied."
He also accompanied that the spouse "gave the impression to be interested in initiating and continuing such court cases as a device of harassment" against the husband and his family unit. His further view was of "considered opinion that continuance of additional complaints in this type of matter would volume to allowing abuse of the process of legislation. The identical can not be accredited. The magistrate didn't admire this point of the be counted while passing the impugned orders and therefore, the impugned orders additionally deserved to be interfered with."
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