Bombay High Court upholds alimony granted to spouse underneath the Domestic Violence Act after she accepted frequent regulation alimony

Edited by: Pathikrit Sen Gupta

Last updated: January 30, 2023, 20:20 IST

Regarding ordinary divorce, the court said that ordinary divorce can only be considered under certain circumstances and only the divorce granted under the Hindu Marriage Law is lawful and valid. drop image

The High Court said that under various laws the injured person can seek redress where the right exists

A single judge of the Bombay High Court of SG Mehare recently dismissed an appeal on points of law brought by a husband, finding that he cannot claim that the domestic relationship ended after the customary divorce and that the wife is not entitled to domestic violence relief has law.

The husband and wife were divorced by common law and the wife was granted alimony of Rs 1,75,000. The husband had filed a cruelty petition for divorce and the wife had filed a petition under the Domestic Violence Act.

The district court had refused to exonerate the wife. However, on appeal, the Judge of the Additional Sessions granted exoneration to the wife and awarded Rs 1,500 in rent to the husband and Rs 3,500 in monthly alimony payments to the wife. The husband then appealed the hearing judge’s decision to the High Court.

The court rejected the husband’s argument that there was no domestic relationship at the time the application was made, relying on the Prabha Tyagi Supreme Court ruling which ruled that there was an existing domestic relationship between the aggrieved person and the aggrieved person person against whom the remedy for allegations of domestic violence is being sought. The order states: “Even if an injured party is not in the same household as the respondent at the time the application is made in accordance with Section 12 of the DV Act, but is on vacation at any time or had a right to leave the country and due to a domestic relationship was exposed to domestic violence or is later exposed to domestic violence is entitled to apply according to § 12 DV-Gesetz.

The court further stated that it was clear that a person who does not have a domestic relationship with the respondent in the same household can also file an application. The order reads: “The Hon’ble Supreme Court has answered in no uncertain terms that even if a person is not in a domestic relationship with the respondent in a common household at the time of filing a Section 12 application, but has one to each point in time at which he would have been exposed to domestic violence or would have had the right to live, he is entitled to submit an application under Section 12 of the DV Act.”

Regarding ordinary divorce, the court said that ordinary divorce can only be considered under certain circumstances and only the divorce granted under the Hindu Marriage Law is lawful and valid. In addition, parties claiming such a right must demonstrate that the customs of their caste or race still exist and that the community as a whole regularly observes those customs.

The court said since the woman turned to civil court, there was no customary divorce in her caste. The order states: “Since the applicant applied to the civil court for a divorce, it can be safely assumed that the customary divorce did not exist in her caste. Therefore, the respondent cannot claim that the domestic relationship has ended after the usual divorce and that the applicant is not entitled to relief under the DV Act.

Further, before dismissing the husband’s appeal, the court said: “The law is well established that the aggrieved person may seek recourse under various statutes where the right exists. Since alimony is permitted under Section 125 of the CrPC, the Act does not preclude the person entitled to claim alimony under the DV Act. Section 36 of the DV Act stipulates that the DV Act does not deviate from other laws. It is an additional statutory provision that does not affect the other statutory provisions available for similar relief.”

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Raj BhojaniLawbeat correspondent Raj Bhojani graduated this year. He is a fast learner and is currently covering courts in Maharashtra….Read more