Dvc case after exparte divorce & getting permament alimony

Vijay Bhaskar (Querist) 30 March 2023 This query is : Resolved
Dear Sir

If Wife has received Exparte divorce in the year 2019 and subsequently received Permanent alimony from Husband before trial court through Execution petition 4 years later, can Wife still go on to file fresh DVC under Sec 18 now to return Stridhan having received Exparte Divorce & Permanent Alimony. Will Trial court allow it?. Please reply

Regards
Vijay

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A wife who has received an ex-parte divorce and permanent alimony may not be able to file a fresh Domestic Violence (DVC) case specifically for the return of her Stridhan. While Stridhan is her property, legal advice suggests alternative avenues like filing a petition under Section 27 of the Hindu Marriage Act or lodging a police complaint for its recovery. Although some interpretations allow divorced women to claim remedies under the DV Act (excluding residence), filing a new DVC for past incidents after a divorce, especially if a previous case was dismissed, may face challenges.

T. Kalaiselvan, Advocate (Expert) 30 March 2023
She cannot file a fresh DV case after dissolution of their marriage.
She can file a petition for return of her articles under section 27 HMA or lodge a police complaint under section 405 Cr.p.c. for return of her articles.

kavksatyanarayana (Expert) 30 March 2023
You may give a complaint to the local police for recovering all your stridhan articles.

Dr J C Vashista (Expert) 31 March 2023
Streedhan is her property which she can recover through police / Court, if not compensated.
Why did she not recover / get compensated since 2019 ?

Section 18 in The Protection of Women from Domestic Violence Act, 2005 as mentioned by you do not provide for return of streedhan which reads as :

18. Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order.

What is your locus standi ???????????

Vijay Bhaskar (Querist) 31 March 2023
Thank you Sir. Wife felt contented after having received good alimony amount and so did not pursue return of Stridhan then. But now she wants it back, but since it too late, she is hoping to receive it via a fresh DVC case or any police complaint.

kavksatyanarayana (Expert) 31 March 2023
Yes. Even now she can file a suit for recovery of her stridhan.

K Rajasekharan (Expert) 31 March 2023
A divorced woman can file a DV Case, except the relief of residence, as per some judgements which are provided as links in my article on the issue at https://lawwatch.in/a-divorced-woman-can-claim-remedies-under-d-v-act/

K Rajasekharan (Expert) 31 March 2023
Another write-up provides an overview of the purpose of DV Act in a nutshell, at https://lawwatch.in/law-to-protect-women-from-domestic-violence/

Vijay Bhaskar (Querist) 31 March 2023
Thank you very much for the reply. There is another point that Wife has already filed DVC 10 years back but did not pursue it which was dismissed due to non-representation. Can she file fresh DVC now.

T. Kalaiselvan, Advocate (Expert) 25 August 2023
The domestic violence is a continuous offence hence can be filed afresh however if the divorce is granted then she cannot file a DV case once again for the past incidents in the given situation, i.e., .if the earlier DV case for the same cause of action was dismissed.

Dr. J C Vashista (Expert) 25 August 2023
@ Vijay Bhaskar,
You did not mention qua your "locus standi", if you are affected with the facts posted ??

Vijay Bhaskar (Querist) 25 August 2023
Thank you very much Sir to both of you for explaining clearly. Query is for one of my relatives who is facing this issue even after Divorce & alimony.

Dr. J C Vashista (Expert) 26 August 2023
Let (tell) the aggrieved to contact his lawyer since s/he is well aware about facts and circumstances of the case.

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