No dv if couple separated

Worker

  • Ayesha Arvind, Hindustan Times, Mumbai
  • Updated: Jun 01, 2015 16:37 IST
  •  113
  •  3
  • Share3
  •  

In a move limiting the ambit of the Domestic Violence Act, the Bombay high court said the existence of a ‘domestic relationship’ is a must to take action under it.

The court held there could be no domestic violence without a domestic relationship and if a wife has been living separately from her husband for some time, she cannot file a complaint of domestic violence against him.

The court issued the order while hearing an appeal filed by 64-year-old Jayantilal Kanji Nagda against a sessions court order. Nagda’s wife had taken him to court seeking relief under the DV Act even though they had been separated for 35 years.

While the magisterial court had denied her any relief, in 2009, the sessions court upturned the order, stating the magistrate should have considered the husband’s past conduct.

Justice RP Sondurbaldota of the Bombay high court allowed Nagda’s appeal and held the magistrate was right because the couple had been living separately since 1973.

The couple had got married in 1972. While neither of them had sought divorce, Nagda continued to pay maintenance to his wife.

“Considering the long gap of 34 years, there cannot be any infirmity in the view of the magistrate, that after such a long separation, prima-facie, there cannot be domestic violence. Her complaint shows that the solitary incident of violence alleged by her is against her mother-in-law in Nagda’s absence. Thus, even prima facie, there is no merit in her claims,” the high court said.


Total likes : 1 times

 
Reply   
 
Worker

somebody, pl. post the link to the full judgement.

 
Reply   
 


pvt service

there is a considerable separation of 34 yrs.....useless in other cases where separation is of one year or more.........useless to 90% of litigants who are also facing fake DV cases but have separation of year or bit more

 
Reply   
 
pvt service

@amit...you can find the judgement on the official court website whenever it is scanned and posted, since it is a fresh judgement,  dont expect anyone to post it so quickly

 
Reply   
 
LEGAL CONSULTANT

My freind , the gap of separation the above case is as long as 34 yrs,Which has been considered.Don't get exited,as it will not be a relief for all the cases.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu