1. Rule. Made returnable forthwith. Heard finally at the stage of admission by consent. This Criminal Writ petition involves a question of law as to whether subsistence of marriage is sine qua non for maintainability of a complaint under section 12 of the offence under the Protection of Women from Domestic Violence Act, 2005?

2. The petitioner and the respondent got married on 8/8/2001. They had a daughter out of the wedlock. However, unfortunately, the parties were divorced by the order of the Court dated 24/2/2010 passed in Matrimonial Petition No.43/2009/A by the Civil Judge Senior Division, Panaji. At the time of granting decree of divorce, the learned Judge did not pass any order of maintenance, as it was not prayed for at the relevant time. However, after the decree of divorce, the respondent/husband out of love and concern was paying the amount of Rs. 25,000/- for the daughter to the petitioner August 2011. Thereafter, the respondent/husband stopped paying the said amount, from August 2011, the petitioner filed application under section 12 of the Protection of Women from Domestic Violence (D.V. Act, for short) in the Court of J.M.F.C., Mapusa, as her child wa