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(Guest)

Whether divorced wife is entitled to initiate proceedings un

Whether divorced wife is entitled to initiate proceedings under D.V Act to seek appropriate reliefs?

 
The third limb of argument of the learned counsel for the

petitioner was that when the domestic relationship between parties

stood severed, any application of the divorced wife thereafter can

only be considered as a relief sought against a stranger and does

not fall within the ambit of a domestic violence.         As mentioned

above, the scope of the Act is not confined within the limits of time

and space. Even though at blush, it may appear to be paradoxical to

argue that protection orders can be sought even after separation of

spouses, such a cause of action may not be rare, which arises

subsequent to the divorce, but relateable to the earlier matrimonial

relationship. It is not unusual that even after divorce, certain

obligations arising from past matrimonial relationship continue,

like, maintainance, custody of children, liability to pay amounts or

assets received, operation of bank accounts and personal safety of

divorced wife and children born in the wedlock. It will be illogical

and absurd to hold that the moment of divorce is granted, scope of

protection order also ceases.         It cannot be confined within the

barriers of time and space. Further, the scope of section 18 which

is wide enough to take in any violence which is likely to take place

in the place of employment of aggrieved person, or if the aggrieved


person is a minor, its school or any place frequented by child or

attempting to communicate with the aggrieved person by any

means, including electronic media, indicates that domestic violence

may spread outside, even beyond the four walls of the matrimonial

home. Hence, any act of violence which satisfies the definition of

section 3 of the Act and has a rational nexus to the past matrimonial

relationship, or which arises therefrom or as a sequel to that

relationship, should conceptually fall within the provisions of

Domestic Violence Act. In the above circumstance, considering the

wide scope of the Act, the object of the Act, I find reason to hold

that the ratio in Priya's case (supra) will extend to section 18 of the

D.V Act and other reliefs also.         Hence, even a divorced wife is

entitled to initiate proceedings under sections 18, 19, 20, 21 and 22

of D.V Act to seek appropriate reliefs.
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

            MR. JUSTICE SUNIL THOMAS

     13TH DAY OF OCTOBER 2016

                   Crl.MC.No. 2990 of 2016 

           BIPIN,
          Vs
          MEERA D.S.,
           https://www.lawweb.in/2016/11/whether-divorced-wife-is-entitled-to.html


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 3 Replies


(Guest)
It needs to be made clear that this does not mean that wives are allowed to file DV after they get divorce. They can only get the reliefs of protection orders if they filed the DV case before the divorce. If not, many women can put their ex husband in trouble by filing fresh DV case even after say five years after the divorce.

Ms.Usha Kapoor (CEO)     06 November 2016

   
 

Whether divorced wife is entitled to initiate proceedings under D.V Act to seek appropriate reliefs?

 

 Hence, even a divorced wife is

entitled to initiate proceedings under sections 18, 19, 20, 21 and 22.If you appreciate this answer plese  convey my forum thanks.

The third limb of argument of the learned counsel for the

petitioner was that when the domestic relationship between parties

stood severed, any application of the divorced wife thereafter can

only be considered as a relief sought against a stranger and does

not fall within the ambit of a domestic violence.         As mentioned

above, the scope of the Act is not confined within the limits of time

and space. Even though at blush, it may appear to be paradoxical to

argue that protection orders can be sought even after separation of

spouses, such a cause of action may not be rare, which arises

subsequent to the divorce, but relateable to the earlier matrimonial

relationship. It is not unusual that even after divorce, certain

obligations arising from past matrimonial relationship continue,

like, maintainance, custody of children, liability to pay amounts or

assets received, operation of bank accounts and personal safety of

divorced wife and children born in the wedlock. It will be illogical

and absurd to hold that the moment of divorce is granted, scope of

protection order also ceases.         It cannot be confined within the

barriers of time and space. Further, the scope of section 18 which

is wide enough to take in any violence which is likely to take place

in the place of employment of aggrieved person, or if the aggrieved


person is a minor, its school or any place frequented by child or

attempting to communicate with the aggrieved person by any

means, including electronic media, indicates that domestic violence

may spread outside, even beyond the four walls of the matrimonial

home. Hence, any act of violence which satisfies the definition of

section 3 of the Act and has a rational nexus to the past matrimonial

relationship, or which arises therefrom or as a sequel to that

relationship, should conceptually fall within the provisions of

Domestic Violence Act. In the above circumstance, considering the

wide scope of the Act, the object of the Act, I find reason to hold

that the ratio in Priya's case (supra) will extend to section 18 of the

D.V Act and other reliefs also.         Hence, even a divorced wife is

entitled to initiate proceedings under sections 18, 19, 20, 21 and 22

Ms.Usha Kapoor (CEO)     06 November 2016

 Hence, even a divorced wife is

entitled to initiate proceedings under sections 18, 19, 20, 21 and 22.If you appreciate this  answer please comvey my forum thnks.


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