2014 Supreme(Bom) 1153

In the High Court of Bombay at Goa
U.V. BAKRE, J.
Jovita Olga Ignesia Mascarenhase Coutinho
Versus
Rajan Maria Coutinho & Another
Criminal Writ Petition No. 23 of 2012
Decided on: 13-06-2014

The annulment of marriage does not disentitle the petitioner from seeking reliefs under the Domestic Violence Act. The definition of 'economic abuse' under the Act includes deprivation of financial resources, which includes maintenance. The relationship between the petitioner and respondent no. 1 was in the nature of marriage, even if the marriage was annulled. The Domestic Violence Act is applicable in this case. The petitioner is entitled to maintenance from the date of the application.

Headnote:

Domestic Violence Act, 2005 - Section 12: An aggrieved person can present an application to the Magistrate seeking one or more reliefs under the Act. Section 2(a): 'Aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. Section 2(f): 'Domestic relationship' means a relationship between two persons who live or have lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage. Section 2(g): 'Domestic violence' includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Section 2(q): 'Respondent' means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act. Section 2(s): 'Shared household' means a household where the person aggrieved lives or has lived in a domestic relationship either singly or along with the respondent. Section 3: Defines domestic violence and includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Civil Code (Portuguese Law of Marriage): Articles 4 to 10 lay down the impediments to marriage. Article 11 provides for nullity of marriage in certain cases. Article 13 provides for voidable marriages. Article 17 provides for penalties for marriages in contravention of certain provisions. Article 18 provides for voidable marriages caused by mistake or coercion. Civil Code (Portuguese Law of Divorce): Articles 1056 to 1074, 1083 to 1095, and 1184 to 1188 and 1192 are relevant to annulment of marriage. Criminal Procedure Code, 1973 - Section 125(1): 'Wife' means legally wedded wife and does not protect a woman who unwittingly marries a man who is already married.

Fact of the Case:

The petitioner and respondent no. 1 were married but the marriage was annulled. The petitioner filed an application under the Domestic Violence Act alleging domestic violence and seeking protection order and maintenance. The Trial Magistrate partly allowed the application and granted maintenance to the petitioner. The Sessions Judge partly allowed the appeal and quashed the maintenance order. The petitioner appealed to the High Court.

Finding of the Court:

The High Court held that the annulment of marriage does not disentitle the petitioner from seeking reliefs under the Domestic Violence Act. The definition of 'economic abuse' under the Act includes deprivation of financial resources, which includes maintenance. The court also held that the relationship between the petitioner and respondent no. 1 was in the nature of marriage, even if the marriage was annulled. The court referred to previous judgments and held that the Domestic Violence Act is applicable in this case. The court also noted that the petitioner was entitled to maintenance from the date of the application. The Sessions Judge's decision to quash the maintenance order was set aside and the Trial Magistrate's order was restored.

Ratio Decidendi: The annulment of marriage does not disentitle the petitioner from seeking reliefs under the Domestic Violence Act. The definition of 'economic abuse' under the Act includes deprivation of financial resources, which includes maintenance. The relationship between the petitioner and respondent no. 1 was in the nature of marriage, even if the marriage was annulled. The Domestic Violence Act is applicable in this case. The petitioner is entitled to maintenance from the date of the application.

Result: The High Court allowed the petition, quashed the Sessions Judge's decision, and restored the Trial Magistrate's order granting maintenance to the petitioner.