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