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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
B.N. KARIA, J.
Sanjay Bachubhai Sharma - Petitioner
Versus
Pranalinaben W/o. Sanjaybhai Sharma - Respondent
R/Special Civil Application No. 3388 of 2020
Decided On : 05-05-2022
Fraud - Domestic Violence - Protection of Women from Domestic Violence Act, 2005 - Section 19, 26 - Summary of Acts and Sections: The court discussed the application of Section 19 and 26 of the Protection of Women from Domestic Violence Act, 2005, and the definition of shared household under Section 2(s) of the Act. The court highlighted the importance of prima facie occurrence of domestic violence and the requirement of a shared household for invoking Section 19 of the Act. The court also emphasized the need for a permanent or longer period of residence to qualify as a shared household. The judgment focused on the respondent's misuse of the Act and the lack of entitlement to relief under the Act due to the respondent's actions.
Fact of the Case:
The petitioner, an advocate residing in Canada, married the respondent, who concealed her previous marriages and misrepresented herself as unmarried. The respondent filed an application under the Protection of Women from Domestic Violence Act, 2005, seeking protection under Sections 12 and 19, despite the rejection of a similar application in a previous suit. The court found that the respondent had not resided permanently in the shared household and had misused the Act.
Finding of the Court:
The court found that the respondent's application under the Act was frivolous and wrongfully granted by the Family Court. The court concluded that the respondent had misused the liberty granted to her and was not entitled to the relief sought under the Act.
Issues: The issues involved the misuse of the Protection of Women from Domestic Violence Act, 2005, by the respondent, the lack of entitlement to relief due to the respondent's actions, and the misrepresentation and concealment of previous marriages by the respondent.
Ratio Decidendi: The court's decision was based on the respondent's misuse of the Act, the lack of entitlement to relief under the Act, and the misrepresentation and concealment of previous marriages by the respondent.
Final Decision: The petition was allowed, and the interim order passed by the Family Court was quashed and set aside.
JUDGMENT :
1. By way of present petition, petitioner has prayed for following reliefs :
[II] Your Lordships stay the judgment and order passed by the learned interim order passed under Exh.15 dated 07/12/2019 by the Learned Family Court no.3, Ahmedabad in Family Suit No.894/2019.
[III] Any other and/or further relief/s that this Hon’ble Court may deem fit looking to the facts and circumstances of the case may be awarded to the Applicants.”
2. Brief facts of the present case may be summarized as under :
2.1 Petitioner is an advocate at the Metro Court and since 2005, he is residing in Canada and doing job. He is having Canadian citizenship since last 6 years as well as he is also OCI (overseas citizenship India) in India. Mother and father of the petitioner are the permanent resident of U.S.A. That, petitioner having some residential properties in Maninagar and Narol area. That he has obtained divorce through court from his earlier wife and as he was in need of a partner, he had given an advertisement for marriage in newspaper, along with his mobile number and after this advertisement, respondent by caste Christian, contacted him and they talked on the telephone and shared the history to each other and at that time, petitioner told her that he is divorcee, to which, respondent informed that she is aged about 45 years and spinster (unmarried). She was in search of NRI bridegroom and they both decided to marry. Thereafter, the petitioner showed his desire to meet her mother, and therefore, respondent called him to 17, Sharon, Christpok Society, CTM, Ahmedabad and at that time met her mother and brother Pradeep. Petitioner asked her mother “why respondent is still unmarried” to which they told that we don’t have any proper boys in our society and we are in search of NRI bridegroom, and therefore, she is unmarried”.
2.2 Thereafter, the petitioner had performed registered marriage with said respondent on 05.07.2018, and thereafter, when the petitioner was to leave to Canada on 06.08.2018, two days earlier i.e. on 02.08.2018, he received a cover through post, in which, he got a divorce deed of respondent, due to which, the petitioner got shocked, and thereafter, he went to the residence of respondent and asked about the earlier marriage and divorce but they didn’t reply properly. That ticket of the petitioner was already booked prior to this incident, and therefore, petitioner went to Canada on 06.08.2018. During this period, petitioner tried to get real truth behind the curtain but when he inquired about his matter with respondent, she told that it is false allegation and told the petitioner to trust her. As the petitioner had made search and during his search, it was found that respondent has already got married with two persons and got divorce on stamp paper. It also came into knowledge of the petitioner that after the marriage, she obtained big amount on the ground of divorce, and hence, petitioner understood that he was cheated, and therefore, petitioner clearly informed to respondent that he cannot call her to Canada because she did not have valid divorce decree of court and he can not give false information to Immigration Department because Immigration Department needed compulsory court divorce decree and she did not had it.
2.3 As the petitioner got the job in Canada, he went to Canada on 06.08.2018, after handing over the possession of house to his parents Bachubhai Manilal Sharma & Kusumben, and his father was paying the maintenance, tax bill & light bill of the said residence property (105, Shalin Height-2, Flat), which is situated at Narol. That after the returning from the Canada, petitioner immediately sent a notice on 15.11.2018 through his advocate to respondent and informed
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