Ex-husband can be charged for cruelty even after divorce, says Supreme Court
The Supreme Court announced that a woman can file a complaint under the domestic violence law against her ex-husband for cruelty even after the dissolution of marriage, reported Asian Age.
SC refused to interfere with a HC’s order in a case
The apex court, however, refused to intervene with the order of the Rajasthan High Court. The HC held that absence of a domestic relationship doesn’t prevent a court from granting relief to the aggrieved woman. The high court had passed the order while resolving a matrimonial dispute.
Judges Ranjan Gogoi, R Banumathi and Navin Sinha dismissed the appeal against the high court verdict. They believed the court isn’t inclined to interfere with the order in the facts of the case.
During the hearing, the advocate Parashar, appearing for the estranged husband said provisions of the Protection of Women from Domestic Violence Act, 2005 could not be applied citing past events.
The advocate argued if provisions of the domestic violence law were allowed to be used this way, it would be a misuse of power.
He contended that husband-wife relationship when ends, it does on a bitter note. If provisions of Act were used considering past events, it would rule out the possibility of compromise.
The judges didn’t agree but declined to interfere with the HC order in the facts of the case.
HC, in 2013, said if an ex-husband commits violence, the wife can seek protection orders under law.
Bhawana is an intern with SheThePeople.Tv