women protection act sec 18/19/21
Querist :
Anonymous
(Querist) 28 April 2011
This query is : Resolved
One day before women protection act, divorce occurred in USA. Both spouse US citizen. Married out side India by Christian ceremony. Ex Husband became very sick ( cancer) Surgery failed in USA. Decided to come to India for second surgery. Ex-wife offered help to join him hoping he may die. She hide divorce from all her relatives. she even sealed divorce decree in US court. When ex-husband survived, he paid her 50% of the share of the property by getting notarized sale deed and power of attorney.
When he got married , ex became jealous and sued him civil court stating that she signed paper with out understanding. she is highly educated.. Then now she went to women protection act section 18/19/21 asking him everything from under the pretext of live-in- relationship.
My question: 1. Does women protection act applicable in this case since divorce was before the act?
2. neither party married under Hindu marriage act, nor they are Indian citizen, does women protection act is applicable?
3.ex has came with specific purpose and stayed in the same house in separate bedrooms, ex-husband was having cancer and other illness, not having any physical relationship with her, does co-habtation occurs?
4. Recent ruling says relationship for” significant time” what does it mean? In the past ruling it said long term relationship etc. but now it does not define significant time.
Will appreciate any guidance.
Devajyoti Barman
(Expert) 28 April 2011
1. DV Act may apply if the parties claim relation not arsing out of marital bond which happens in your case.
2.Yes if she is in India when the cause of action arises.
3. Yes, it does not mean mere sex.
4.The circumstances will decide whether it is significant in your case or not for which full details of your case is needed.
Guest
(Expert) 29 April 2011
Case does not seem to withstand in view of divorce already granted.
