Supreme Court Lays Down Comprehensive Guidelines To Prevent Misuse Of POCSO Act In Matrimonial Disputes Land Reforms Act | Joint Application For Pre-Emption By Adjoining Landowners Is Maintainable: Calcutta High Court Ocular Evidence In Conflict With Medical Findings Or Withholding Of Natural Witnesses Vitiates Prosecution Case: Allahabad High Court Compassionate Appointment Claim Must Be Decided Based On Policy Prevalent At Time Of Death: Bombay High Court Section 376 IPC | Failure To Prove Initial Dishonest Intent In Marriage Promise Renders Sexual Relationship Consensual: Allahabad High Court Prolonged Incarceration And Delay In Trial Are Valid Grounds To Invoke Constitutional Right To Speedy Trial Under Article 21 In UAPA Cases: Delhi High Court Motor Vehicles Act | Insurer Liable To Pay And Recover Compensation For Gratuitous Passengers In Goods Vehicles: Gujarat High Court Proof Of Demand And Acceptance Under PC Act Must Be Evaluated Based On Preponderance Of Probabilities In Rebuttal: Kerala High Court Tenancy Claim | Mere Possession Without Lawful Foundation Or Identification Of Tenanted Land Cannot Confer Occupancy Rights: Karnataka High Court 125 CrPC | Maintenance Cannot Be Evaded By Claiming Physical Disability If Conduct Indicates Concealment Of Financial Means: Kerala High Court M.P. Municipal Corporation Act | Locus Standi Under Section 307(5) Limited To Residents Of The Municipal Area: Madhya Pradesh High Court Writ Jurisdiction | Belated Challenge To Disciplinary Action After Superannuation Amounts To Laches; Petition Dismissed: Punjab & Haryana High Court Order 39 Rule 1 & 2 CPC | Mere Pendency Of Partition Suit Does Not Entitle Plaintiff To Injunction Restraining Reconstruction Of Residential Building: Kerala High Court Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Section 482 CrPC | High Court Quashes FIR Following Private Compromise In Non-Heinous Dispute Arising From Civil Conflict Mere Involvement In Criminal Case Does Not Constitute Moral Turpitude To Deny Public Appointment: Telangana High Court Pendency Of Investigation Cannot Be A Blanket Ground To Deny Permission For Foreign Travel: Rajasthan High Court Fraudulent Representation By Counsel Vitiates Ex Parte Decree: Punjab & Haryana High Court Holds Professional Misconduct As Evidence Of Fraud Writ Jurisdiction | Suppression Of Material Facts Regarding Pending Criminal And Departmental Proceedings Renders Petition Liable To Dismissal: Orissa High Court Banking Fraud | Failure Of Bank Official To Conduct Physical Inspection Of Collateral Property Constitutes Criminal Conspiracy And Abuse Of Official Position: Madras High Court Fraud Vitiates Judicial Proceedings: Judgment Obtained Through Misrepresentation And Conflict Of Interest Cannot Be Sustained, Holds Punjab And Haryana High Court Discovery Under Section 27 Evidence Act From Publicly Accessible Place Requires Caution: Supreme Court Mere Recovery Of Articles At Instance Of Accused Without Independent Corroboration Cannot Sustain Conviction: Supreme Court DNA Profile Must Be Supported By Other Conclusive Evidence To Prove Guilt: Supreme Court

SUBSEQUENT DIVORCE NOT ABSOLVED LIABILITY FOR PAST DOMESTIC VIOLENCE - AWARDS MAINTENANCE – BOMB. HC

06 September 2024 5:16 AM

By: Admin


In a significant ruling, the honorable G. A. Sanap, J., has pronounced that divorced Muslim women are entitled to maintenance under the Protection of Women From Domestic Violence Act, 2005, even after the dissolution of their marriage. The judgment reaffirms the principle that a subsequent divorce does not absolve the liability of the respondent for past domestic violence offenses.

"The literal construction of the provisions shows that even women who were in a past relationship are entitled to invoke the provisions of the D.V. Act."

The court held that "an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005." This landmark ruling ensures that divorced Muslim women can seek relief, including monetary support, child custody, compensation, and interim orders, under the Domestic Violence Act.

The judgment also addressed the issue of the maintenance quantum. The court observed that the husband, a chemical engineer working in Saudi Arabia, had suppressed his actual income during the proceedings. The wife, who had cohabited with the husband for nearly 11 years in Saudi Arabia, presented evidence of their high standard of living. The court stated that the wife is entitled to maintain the lifestyle and standard she was accustomed to while staying with her husband. It quantified the maintenance at 25% of the husband's net salary, taking into account the adverse inference drawn against him for suppressing evidence.

The decision cites several precedents to support its conclusions. It relies on the case of Atmaram Narayan Sanap Vs. Sangita Atmaram Sanap, where the court emphasized that even after divorce, an aggrieved person can file a proceeding under Section 12 of the Domestic Violence Act for past domestic violence. Additionally, the court refers to the case of Smt. Bharati Naik v. Shri Ravi Ramnath and Halarnkar, which establishes that the definition of "aggrieved person" includes past relationships.

This judgment has far-reaching implications for divorced Muslim women who have experienced domestic violence. It recognizes their rights and provides a legal avenue for seeking maintenance and other necessary reliefs. The ruling not only upholds the principles of gender justice but also ensures that divorced Muslim women can lead dignified lives.

Date of Decision: 09/06/2023

Ahsanullah @ Javed Khan vs  Shahana Parvin 

Latest Legal News