Nagpur News: ‘Husband’s second marriage after divorce is not domestic violence’, High Court rejects ex-wife’s case


Highlights

  • Nagpur Bench of Bombay High Court reprimands ex-wife in a domestic violence case
  • The court said that the second marriage of the person is not a case of domestic violence against the first divorced wife.
  • The court said that only if the woman was married, it could have been a case of domestic violence.

Nagpur
The Nagpur Bench of the Bombay High Court, while delivering its judgment in a case, held that a man’s second to his first divorced wife cannot be treated as a case of domestic violence. Justice Manish Pitale gave this verdict while accepting the petition of a person resident of Jalgaon. The judge said that if the first wife of the petitioner was still married to him, then only in that case she could file a case of domestic violence against the husband.

While pronouncing the judgment, Justice Manish Pitale said, “Simply because the husband is remarrying, it cannot be covered under the Protection of Women (DV) Act 2005 of domestic violence.” The judge said, the fact which is in itself sufficient to show that action under the Domestic Violence Act cannot be taken in this case. The divorce process between the two has been completed.

Wife not allowed to issue case
Condemning the Akola resident wife registering a case of harassment against her in-laws, Justice Pitale said that the manner in which proceedings were initiated under the Domestic Violence Act was an abuse of the legal process. Justice Pitale said, “Since the allegations made by the wife are not justified under the Domestic Violence Act, she cannot be allowed to continue the case against her husband and mother-in-law.

In 2014, the family court approved the divorce.
The couple got married on March 13, 2011, but after some time a dispute started between the two. The husband had filed a divorce case against the wife on the ground of cruelty. On 16 September 2014, the Akola Family Court, while allowing the case, heard the case and dismissed the woman’s petition for restoration of marital rights.

The matter reached the Supreme Court
The wife challenged the decision of the Family Court in the High Court but on 10 August 2015, it was rejected from there as well. After this, on 15 February 2016, the wife approached the Supreme Court. During this, the husband got married for the second time. As a result, the wife filed a case against the husband and mother-in-law under the Domestic Violence Act.

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