April 27,2019:

Dismissing criminal revision application filed by Sadhana Hemant Walwatkar against her former husband Hemant Walwatkar, Justice M.G.Giratkar at Nagpur Bench of Bombay High Court, has ruled that after divorce, as there are no domestic relations of husband and wife between them, therefore, the applicant could not have filed a case against his ex-husband under the provisions of the sections 12 and 18 of the Protection of Women from Domestic Violence Act (DV Act) and she is not entitled to protection under the said Act.Deriving support from the Supreme Court's decision in the case - Inderjit Singh Grewal v. State of Punjab & Another - 2011 (9) SCALE 295, the HC has pointed out that in this case, divorce was granted by the Family Court on June 30, 2008.

The applicant -ex-wife filed proceedings under the DV Act was filed in the year 2009. At the time of filing of the application, the applicant was no more the wife. There was no domestic relationship between them.

Hence, the rejection order passed by the 25th JMFC, Nagpur on August 20, 2015, and maintained by the Sessions Judge, Nagpur through the order of August 3, 2017, in the appeal are "perfectly legal and correct".

According to the HC, in view of these facts, there is no merit in the revision and the same deserves to be dismissed. The applicant married the respondent on July 15, 1999. They have two children from the wedlock. The respondent had filed an application for restitution of the conjugal rights before the Family Court. The case was amicably settled and they started living together on a trial basis. Respondent got converted the petition for restitution of conjugal rights into divorce petition, under section 13 of the Hindu Marriage Act. The Family Court allowed the said petition and granted divorce on June 30, 2008.

In the year 2009, the application under sections 12 and 18 of the DV Act was filed by the ex-wife alleging domestic violence on the part of the respondent.

For want of domestic relationship between the two because of divorce, The JMFC Dismissed the application under the DV Act.

The Addl. Sessions Judge affirmed the order of the JMFC in appeal recording the finding that there was no domestic relationship and, therefore, the applicant was not entitled to for relief under the DV Act. Advocate Amruta A. Ghonge appeared for the applicant. Adv. R.N. Sen represented the respondent-former husband.

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