Can a woman file a case of domestic violence against a man under the protection of women from the Domestic Violence Act even after her divorce; is it possible to drag a man in a court? And when she has already married to another person? Such questions often come to mind
The Gujarat High Court has said in such cases that the woman cannot be called a victim under the relevant Act in such cases. He says that by doing so, the woman cannot be treated as an unjust person.
Justice Umesh Trivedi says that after being get married when his relationship is broken through a divorce, the wife will be treated as a victim as long as her relationship remains and once divorced, there is no relationship left between them, Therefore, the woman will not be considered as a victim.
The court believes that after divorce, domestic relationships and every relationship bond are over. And Nor the woman will be treated as a victim under the Domestic Violence Act.
Therefore, after giving divorce by a husband to the wife, such provisions under the Wife Act cannot be applied to the husband. This decision is considered to be one of the supreme decisions of India.
The case is from Surendranagar city. The couple was in the bond of marriage in 1984. After some time, 1989, the husband had filed a petition in the court for a divorce. One year later, in 1990, the dispute was settled and they formally divorced. After some time, the woman got married to another person and also had 3 children.
After 27 years, the woman filed 2 cases on her ex-husband. When her ex-husband was on the verge of retirement from BSNL. The lawyer of the person said that his ex-wife demanded maintenance from him to keep an eye on his retirement benefits. The woman claimed herself to be a victim due to domestic relations under the Domestic Violence Act with section 125 of crpc in Surendranagar Family Court.
According to his lawyer, he showed evidence of his ex-wife’s second marriage. Looking at the evidence, the court dismissed the woman’s plea.
Under the definition of domestic violence, this relationship is such a relationship. Who survives between two persons. Even if the husband and wife are separated, the marital relationship continues. But when a husband and wife are able to end her marital relationship through divorce, all the relationships between them are also destroyed.
Took cognizance of the woman’s complaint under domestic violence in a magistrate’s court. The action was taken after accepting the claim of being aggrieved. After hearing the case, the High Court decided that there was an irresponsible conclusion that a divorced wife who has remarried cannot enforce any provisions under the Domestic Violence Act against her ex-husband.