The main legal point established in the judgment is that acts of alleged domestic violence occurring after the dissolution of a domestic relationship may not constitute domestic violence under the Protection of Women from Domestic Violence Act, 2005, and the welfare and wish of the child should be considered in such cases.

Sadhana S. Jadhav, J.

1. The applicant herein is seeking the relief of quashing of the complaint on the basis of which he is being prosecuted under the provisions of Sections 12, 18, 21 and 23 of the Protection of Women from Domestic Violence Act, 2005 in Complaint No.524 of 2013 pending before the Judicial Magistrate (2nd Court) at Thane.

2. The applicant herein is working as a Maintenance Engineer with Emirates Airways. The applicant was married to the respondent No.2 on 11.5.1995. The couple is blessed with a daughter on 15.4.1999. The name of the daughter is Tania.

3. The applicant was transferred to Andhra Pradesh and shifted to Secunderabad along with his wife and daughter. In fact, right from the initial period after marriage, there was temperamental incompatibility between the couple, but the couple had made efforts to adjust themselves to lead a happy married life. Finally, the respondent No.2 had voluntarily abandoned her matrimonial home and had left Secunderabad as if never to return again.

4. The applicant herein was, therefore, constrained to file a petition under Section 13(1-B)of the Hindu Marriage Act, 1955 against the respondent No.2 before the Second Addl. Senior Civil Judge, Ranga Reddy Court at L.B. Nagar, Andhra Pradesh, which was registered as O.P.No.99/2005. Since Secunderabad was the last place where they lived together, the petition for divorce was filed at Secunderabad.

5. It is the case of the applicant that on receipt of notice of divorce petition, the respondent No.2 filed a complaint against the applicant, which was transferred to Alwal Police Station, Ranga Reddy. She had also filed a complaint at Thane alleging therein that the applicant had committed an offence under Section 365 of Indian Penal Code.

6. The couple had amicably settled the disputes as they had decided to obtain divorce by mutual consent. The applicant had paid an amount of Rs.4,00,000/- by demand draft towards full and final settlement towards permanent alimony and the maintenance which was acknowledged and accepted by her. Since there was an amicable settlement, the respondent No.2 had withdrawn the complaint on the basis of which Crime No.382 of 2005 was registered. The proceeding in Misc. Application No.69 of 2005 was referred to Lok Adalat and there, by mutual consent, the parties were divorced.

7. The couple had appeared before the Lok Adalat on 19.4.2006. An award was passed and O.P.No.99 of 2005 was allowed by mutual consent.

8. As per the decree/award in O.P.No.99 of 2005, it was decided that their minor daughter Tania would live with the applicant and he would be the sole legal guardian of the said child. It was also agreed by respondent No.2 that she would never claim or initiate any proceeding claiming permanent custody of the child. The applicant had agreed to give visitation rights of daughter Tania for a total period of 30 days in a year which would include 15 days in the month of January and 15 days during summer vacation in April or May, except for the year 2006. The applicant contends that he had abided by the terms and conditions agreed upon in the compromise deed.

9. The applicant was then transferred to Calcutta. He had informed the respondent No.2 about the same. He had also furnished his address at Calcutta. Respondent No.2 had taken Tania for the vacation to Thane. From Thane, she had issued a legal notice to the applicant on 28.12.2007 expressing her denial to return Tania. In addition, the applicant was threatened of dire consequences if he attempted to contact Tania. The applicant replied the legal notice by reminding her that she had accepted the terms and conditions under the decree by mutual consent and that she cannot turn back upon it.

10. The applicant was, therefore, constrained to lodge a complaint before the Kadarvadavali Police Station on 6.1.2008. He also lodged a complaint before the Judicial Magistrate, First Class, Thane on 8.1.2008, which was registered as O.M.A. No.10 of 2008. The polic