Court : Bombay High Court
Brief : Criminal - Economic abuse as Domestic Violence - Validity of - Sections3, 12, 19, 20 and 27 Protection of Women from Domestic Violence Act, 2005 - Complaint filed by Respondents after 15 years Respondents on ground of cruelty and desertion since last 15 years by Petitioner and thus claimed enhanced maintenance as compensation for economic abuse - Application for dismissal of the complaint filed by Petitioner dismissed and the Court directed the Petitioner to pay enhanced maintenance along with house rent to Respondents - Hence, present petition - Whether the present petition for enhance interim is maintainable under the Domestic Violence Act, 2005?
Citation : Kishor v. Sou. Shalini and Ors. (Decided on 30.03.2010) MANU/MH/0290/2010
Held, there had been no contact, communication or relationship between Petitioner and Respondents for the last 15 years. Existence of Domestic Violence cannot be presumed after a big gap of 15 years the Act of 2005 having been brought into force. Respondent Nos. 1 and 2 approached the Court on the grounds of economic abuse under Section3 of the Act. Explanation-II of Section 3 of the Act provides that 'overall facts and circumstances of the case shall be taken into consideration' to find out the deserving and undeserving cases, which will be filed under the provisions of the said Act. Respondents have abruptly after a long gap of 15 years alleged domestic violence against the Petitioner. No proximity shown anywhere nearer to the date of filing the complaint or any deprivation, prohibition or restriction upon demand being made before filing the complaint. Complaint not maintainable under Section27 of the Act of 2005. Recourse to remedies under other laws open for Respondents. Petition allowed.
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