No relief under Domestic Violence Act once divorce is granted: Bombay High Court

The Bombay High Court, while rejecting the application of a wife seeking relief under the Domestic Violence Act, 2005, has held that once a decree of divorce has been granted, relief cannot be sought by the wife under the Domestic Violence Act. In the present scenario, a case for restitution of conjugal rights was filed by the husband which was amicably settled between the husband and the wife after which they started living together again. However, the petition for restitution of conjugal rights was later converted by the husband into a divorce petition under section 13 (Divorce) of the Hindu Marriage Act and divorce was granted by the court while allowing the application. Later, another application was filed by the wife in 2009 under the Domestic Violence Act alleging domestic violence on part of the husband. However, the husband resisted the application on the ground that there was no domestic relationship as the wife was not residing with him when the application was filed. The Court of Judicial Magistrate First Class, Nagpur rejected the application while recording the contention of the husband which was also upheld by the Additional Sessions Judge, Nagpur. Thereafter, an application for revision was made to the Bombay High Court against the order of the Additional Sessions Judge, Nagpur which observed various Supreme Court and High Court judgments while considering the issue. However, It dismissed the revision petition and stated that & quot In the present case, there was no domestic relation on the date of filing of application under the DV Act and, therefore, the applicant/wife is not entitled for any protection under the said Act.& quot