Whether Muslim woman can claim dahej articles after divorce in domestic violence proceeding?
this Court and some argument was advanced on the
basis of provisions of the Domestic Violence Act.
It was mainly submitted by the learned counsel for
the Petitioner that it is the contention of the
husband that the parties have taken divorce by
mutual consent and document of Khulanama has been
executed and so the proceeding is not tenable
under the provisions of Domestic Violence Act. To
ascertain as to whether even after the dissolution
of the marriage, proceeding can be filed, the
Scheme of the Domestic Violence Act needs to be
seen and particularly definitions of "domestic
relationship" given in Section 2(f) and "shared
household" given in Section 2(s) of the Act needs
to be considered. These two definitions show that
it is sufficient for the aggrieved person to show
that at any stage she had lived in a domestic
relationship with the respondent, husband. Then
the definitions of "aggrieved person" and
"domestic violence" need to be seen. They are
given in Section 2(a) and 2(g) of the Act. Section
2(g) shows that the meaning given in Section 3 of
the Domestic Violence Act needs to be considered.
Section 3(iv) of the Act shows that economic abuse
is included in the definition of "domestic
violence". Further, in Chapter IV there are
provisions made regarding Procedure for obtaining
reliefs. Section 20 of the Act is with regard to
monetary reliefs. This Court has no hesitation to
hold that Section 20(1)(c) of the Domestic
Violence Act can be used in a case like present
one.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.457 OF 2014
Syed Akram Ali s/o Syed Sultan,
VERSUS
Rubina Begum w/o Syed Akram Ali,
CORAM: T.V. NALAWADE, J.
DATE : 20TH NOVEMBER, 2014
Citation; 2015 CRLJ(NOC)484 Bom
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