Nagpur: Nagpur bench from the Bombay High Court has argued that a husband who entered the marriage for the second time could not be a case of domestic violence against divorced first wife.
“Just because her husband made a second marriage, it was unable to come in the protection of women from domestic violence (DV) Act’s, 2005, Definition,” HakeS Manish Pitale held.
While allowing a husband’s request based in Jalgaon, his parents and sister, the judge said the first wife could claim that there had been a domestic relationship between him and her husband at a time.
“But the fact itself will not be enough for him to start the process based on the DV Law, many after the divorce process has reached finality and findings have been given to him,” said the judge.
Saving a wife based in Akola to submit cases against her in-laws to harass them, Pitale Justice said the way the process began under the Law DV was none other than “legal process abuse”.
“The wife cannot be allowed to keep her husband and in-laws involved in this form, when the DV Act requirements seem to be dissatisfied.
The chronology of the event shows that she tried to request the provisions after the divorce case reached the final to the Supreme Court.
Instead of initiating the process during matrimonial disputes Between the parties, “Pitale said.
While Canceling the Notification of Akola Magistrate on May 17, 2016, which rejected the applicant’s application to cancel the DV action process submitted by the wife, the judge showed that it was only after he suffered a harmful command in divorce, and to restitue the cases of conjugal rights, which established confirmed Until the APEX court, he tried to beg for DV action.
“He seems to be interested in starting and continuing such a process as harassment tools for in-laws.
Prayers related to monthly maintenance, compensation and other benefits have all been made in the background of these accusations, which is nothing but repetition of satisfaction lifted in the litigation round Previously, “said the judge.
The couple entered wedlock on March 13, 2011, but soon the matrimonial disputes were developed between them.
The husband submitted a divorce against his wife with a reasons of atrocities, which was permitted by the Akola Family Court on September 16, 2014, while rejecting his request to restit the rights of husband and wife.
The wife challenged her in HC, but was rejected on August 10, 2015, and then by the best court on February 15, 2016.
Husband, while in the meantime, did the second marriage.
Furthermore, he filed a case under DV acted against him and his in-laws in the Akola Court who believed that his second marriage attracted the provisions of the DV Act.
Judge Akola when issuing notice to the applicant also rejected their application to cancel it.
“As far as the second marriage of the husband after the divorce worried, the wife’s dispute that it amounted to household violence was unacceptable.
Part 3 of the Law DV defines ‘domestic violence’ in a complicated way and refers to physical, sexual, verbal violations, Emotional and economic, “said Pitale Justice.
The 2nd marriage is not atrocities against the first wife to divorce: HC
