No relief for wife under Domestic Violence Act if 'relationship' is history: Bombay High Court
However, if living separately from husband for quite some time, she cannot be said to be in domestic relationship and, therefore, cannot file such application under the Act, Justice Roshan Dalvi ruled while rejecting a petition filed by a woman who left her husband and two children in the US and returned to India.
The High Court also upheld the order of a lower court which had ruled that the petitioner's application under Protection of Women from Domestic Violence Act was not maintainable.
"The application under Domestic Violence Act could be filed when the marriage union subsisted. That having come to an end and long after the physical relationship came to an end, she having returned to India, she cannot be taken to be living in any domestic relationship in India," the judge observed in a recent order.
The petitioner married on May 4, 1999 and lived with her husband in the US. They had two issues. She returned to India on February 11, 2009 and, a year later, filed an application under Domestic Violence Act in a sessions Court.
The High Court upheld the ruling of the sessions court that no domestic relationship existed between the husband and wife when she filed the petition seeking redress under the Act.
A wife who lived in a domestic relationship earlier, but which ceases only because
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