Existence of any jural relationship between aggrieved wife and husband is not sine qua non for maintainability of DV act
The principle laid down in Mohit Yadam v. State of Andhra Pradesh (15 supra) did not appear to have been placed before His Lordship and the elaborate reasoning given in Mohit Yadam v. State of Andhra Pradesh clearly showed the existence of any jural relationship of a man and wife between the aggrieved person and the respondent by the date of filing of the domestic violence case, is not a sine qua non for the maintainability of the domestic violence case nor is it necessary that the acts of domestic violence need to happen only after the Act came into force. The decision in A. Sreenivasa Rao v. State of Andhra Pradesh (23 supra) appeared to have mainly revolved round the facts in issue therein and no principle of law appears to have been laid down to be considered as a precedent. Hence, following Mohit Yadam v. State of Andhra Pradesh (15 supra), in which the question was discussed from every conceivable angle with which reasoning I am in total respectful agreement, the fact that divorce was granted by a foreign Court between Saritha and the 1st petitioner, will have no effect on the maintainability of the domestic violence case, if the allegations made therein otherwise bring the dispute within the province of the Act, the entitlement to the reliefs claimed being, of course, dependent on the ultimate proof of such allegations
