Complaint Under the Domestic Violence Act is Not Maintainable After Divorce
- The Hon’ble Punjab & Haryana High Court has observed that complaint under the provisions of Domestic Violence Act, cannot be filed once domestic relationship comes to an end after passing of divorce decree. The Hon’ble Court observed that domestic relationship must be present and alive between the aggrieved women and the Respondent at the time of filing complaint.
- The Section 2 (a) of the Domestic Violence Act refers to present relationship and past relationship is excluded from the scope of the act. The intention of the legislature is to protect those women who are living in a domestic relationship.”
- The court observed that the definition of wife mentioned under Section. 125 of the Criminal Procedure Code, refers to present and ex-wife. Interpretation of Section. 125 of the Criminal Procedure Code cannot be merged into the provisions of the DV Act.
- The Court observed that the domestic relationship had long come to an end and the complainant’s impleading the respondent’s family members, who did not reside in the shared household is illegal and an abuse of process of law. The Hon’ble Court was pleased to quash the complaint.
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