IMPORTANT POINT
Subsistence of matrimonial relationship is not a sine-qua-non for seeking reliefs under Protection of Women from Domestic Violence Act, 2005.

Sunil Thomas, J.—The short question that arises for consideration in this case is whether subsistence of the matrimonial relationship is the sine-qua-non for seeking reliefs under Protection of Women from Domestic Violence Act, 2005 (‘D.V Act’ for brevity, hereinafter). To be more precise, whether a legally divorced wife can seek reliefs under the D.V Act.

2. Shorn of all unnecessary details, the brief facts of the case is as follows. The petitioner in the Crl.M.C had married the first respondent in 2011. Second respondent child was born to them. The matrimonial relationship got strained thereafter and hence the spouses moved family court with a joint petition for divorce invoking section 13B of Hindu Marriage Act. After compliance of statutory formalities, divorce was granted by the Family Court in May 2015. Marriage stood dissolved with effect from the date of judgment. Thereafter in August 2015, respondents 1 and 2 filed the present application before the magistrate court seeking reliefs under sections 18, and 20 of the D.V. Act. The reliefs sought were a protection order against domestic violence, return of 75 sovereigns of gold ornaments of the first respondent misappropriated by the petitioner or its value, order restraining him from operating the bank locker in which the gold ornaments were kept and for return of the passport of the first respondent, retained by the petitioner.

3. The petitioner has sought to quash the above proceedings, on the ground that the above application is an abuse of the process of law. Three specific grounds were urged by the petitioner. Firstly, divorce on mutual consent was sought by parties on a specific, categoric agreement that wife will not claim money, ornaments or maintenance against husband in future. Secondly that, the reliefs sought can be granted only to a woman who is or has a subsisting matrimonial relationship or a relationship in the nature of a matrimonial relationship and not to a divorced wife. Thirdly, at any rate, even if all other reliefs can be granted, a relief in the nature of protection order cannot be granted to a divorced wife and child born in such relationship, since the matrimonial relationship was brought to an end factually and legally. Otherwise such relief can be sought at any time during the entire life time of wife and child, which was not contemplated by the Statute.

4. Before analysing the above contentions, it is essential to bear in mind the significance of the D.V Act as a progressive and beneficial piece of legislation, intended to protect women from being subjected to domestic violence and to prevent the occurrence of domestic violence in society. The object of the Statute provides that it is to provide for more effective protection of rights of woman guaranteed under the Constitution of India, who are victims of violence of any kind occurring within the family. The wide definition of “aggrieved person”, “domestic relationship” and “respondent” in sections 2(a), (f) and (q) and other provisions testimony that they are of wide amplitude and the cause of action for any relief under the Act is not confined to the factors of time and space with regard to the matrimonial relationship, but extents beyond their limits, if it has a rational nexus with the domestic relationship, past or present.

5. Regarding the contention that parties have voluntarily agreed to relinquish the various benefits and claims, I am unable to agree. The joint application for divorce contains a unilateral undertaking by the wife that she will not claim money, ornaments or future maintenance. There is nothing to show that this was in consideration for a mutually satisfactory settlement of all the existing claims. In such circumstances, it can only be treated as consent obtained from the wife either by coercion or obtained by compulsion of circumstances or as a condition imposed on a desperate wife by the husband for consenting to a divorce. Of course, parties are free to enter