A divorce wife is entitled to claim maintenance under the provisions of the Domestic Violence Act, as the definition of 'aggrieved person' includes any woman who is, or has been, in a domestic relationship with the respondent, and the domestic relationship extends to a divorce wife.

1. The present Revision Petition encompasses a limited question as to whether a Divorce Wife is entitled to get relief U/S 20 of the Domestic Violence Act and whether she will be within the purview of aggrieved person, there being no any domestic relation between the parties ?

2. The case being an old one of 2009, special mention was made in the Cause list that no adjournment should be granted to such cases, despite that learned counsel for the petitioner did not turn up for hearing today on repeated call, therefore the matter is taken up for decision on its own merit.

3. Heard the submission of Mr. G. P. Bhowmick, learned counsel for the respondent who has made a submission that law is clear enough on the issued that divorce wife is entitled to get maintenance under the provisions of Divorce Act.

4. Necessary case in brief is that on the application so filed by Smti Ratna Biswas @ Saha U/S 29 of the Protection of Woman from Domestic Violence Act, 2005 the learned Magistrate registered a case No.3143/07. It is the case of the said petitioner that after marriage between the parties as on 3.2.2007 she was not given the respect and honour as a wife and she was tortured both physically and mentally on the ground that she belong to a lower caste and untouchable. After around 3 months of the marriage she was kept in her parental house by her husband and never come back to take her back. There being futile exercise to settle the matter, she filed the aforesaid case before the learned Court. Although her husband resisted the petition by filing written statement that it was his wife herself is guilty of misconduct and she refused to return back to her matrimonial house and he being a poor fellow, only a TV mechanic (under qualified) having lower income of Rs.1000-1200 only is unable to provide maintenance to her.

5. Amidst the said proceeding the marriage between the parties was also resolved by way of mutual Divorce. Learned trial Court after recording evidence finally directed the husband to pay a sum of Rs.1500/- per month from the filing of the petition. The learned appellate Court affirmed the aforesaid judgment but reduced the maintenance from Rs.1800/- to Rs.1500/- per month to be paid by her husband.

6. Challenging the aforesaid finding of both the Forums the present petition has been preferred challenging the legality and validity of the order raising the question as mentioned above.

7. After going through the matters on record as well as the evidence on both the parties it transpires that there is no dispute about marriage between the parties as well as Divorce. Thereafter the petitioner being the husband of said complainant (respondent herein) has raised question that his divorce wife is not entitled to get maintenance as she is not aggrieved person as defined U/S 2 (a) of the Act. As it transpires that both the learned Court in their judgment has dealt with the aforesaid aspect. Section 2 (a) of the Domestic Violence Act runs as follows-

2. Definitions.—

In this Act, unless the context otherwise requires,— (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;"

As per Section 2 (f) of the Act " domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

Domestic Violence defines in Section 3 of the Protection of Women from Domestic Violence Act, 2005, which reads as follows:

"3. Definition of domestic violence.- For the purpose of this Act, any act, omission or commission of the respondent shall constitute domestic violence in case it-

(a) harms or injuries or endangers the health, safety, life, limb or well-being, whether mental or