The Gujarat HC held that a woman once divorced can’t seek monetary relief from her former husband under the Protection of Women from Domestic Violence Act, dealing with the monetary relief by way of compensation.
The bench headed by judge Umesh Trivedi quashed the proceedings against the petitioner, Kanji Parmar under sections 19 & 20 of the Protection of Women from Domestic Violence Act. The court held that “The wife would be an aggrieved person (under the Act) so long as the domestic relationship survives. As soon as it is snapped, it is an end to their domestic relationship and she wouldn’t be an aggrieved person then.”
As per the prosecution, Kanji Parmar and Urmilaben had tied the knot in 1984, but later got divorced in 1990. The woman then married another man with whom she has 3 children. However, 27 years after their divorce the woman moved a petition under the Protection of Women from Domestic Violence Act, seeking compensation from Kanji Parmar.
Referring to the definition of domestic relationship, the court clarified that once the marital tie is severed by way of divorce between the parties, the relationship between them is snapped. “Thus, after a divorce between two persons, neither the domestic relationship survives nor any person would be termed as an aggrieved person for the purpose of this Act. Hence, after divorce takes place between husband & wife, the provisions under the Act can’t be invoked. Things would be different if the provisions are invoked & thereafter divorce takes place,” the court said.
