Domestic Violence

Querist : Anonymous (Querist) 24 September 2010 This query is : Resolved
After taking Divorce six months has been passed then a lady filed a case of domestic violence against her ex husband? is it maintainable? Kindly give current ruling in this point.

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adv. rajeev ( rajoo ) (Expert) 24 September 2010
it is not maintainable. Let your frnd appear in the case and file an application regarding maintainability of the petition by producing the divorce order

s.subramanian (Expert) 25 September 2010
I beg to differ from the view of Mr.Rajoo. The Protection of Women from Domestic Violence Act,2005 in its Sec.2 (f) lays down as follows:-
domestic relationship means a relationship between two persons who live or have ,at any point of time,lived together in a shared household,when they are related by consanguinity,marriage or through a relationship in the nature of marriage,adoption or are family members living together as a joint family.

In my humble opinion the earlier point of time when they lived as husband and wife would vest the right with the divorced wife to proceed against the former husband under the said Act. I am emphatic that the subsequent divorce would not absolve the husband of his violations under the said Act.

This query has given raise to an important question of law. My study continues and I will post my learned brothers on the expert panel with the results of my study then and there.

Khaleel Ahmed Mohammed (Expert) 29 September 2010
Defend the case with the facts of divorce he court. The maintainablity of case may be the discreation of the court.

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