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Domestic violence cannot be committed on a divorced wife


Domestic violence cannot be committed on a divorced wife

 I, also consider that the definition of "wife" as available under Section 125 Cr.P.C could not be imported into Domestic Violence Act. The Legislature was well aware of Section 125 Cr.P.C. and if Legislature intended, it would have defined "wife" as in Section 125 Cr.P.C in Domestic Violence Act as well. The purpose and object of Domestic Violence and provision under Section 125 Cr.P.C. is different. While Domestic Violence Act has been enacted by the Parliament to prevent acts of domestic violence on women living in a shared household. Section 125 of Cr.P.C. is to prevent vagrancy where wife is left high and dry without maintenance. Law gives a right to claim maintenance under Civil Law as well as Section 125 Cr.P.C. even to a divorced wife, but an act of domestic violence cannot be committed on a divorced wife, who is not living with her husband or family and is free to live wherever she wants. She has a right to claim maintenance and enforce other rights as per law. She has a right to claim custody of children as per law but denial of these rights do not amount to domestic violence11

Delhi High Court
Nagesh Malik vs Payal Malik on 29 July, 2010
Author: Shiv Narayan Dhingra



 2 Replies

binay (advocate)     04 October 2013

right, a nice thinking. lets use it

C.V.Kansara (member)     05 October 2013

Good n apt interpretion of law.

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