Domestic violence proceedings by the wife are a misuse of the legal process, according to the Bombay High Court. According to the Nagpur Bench, the respondent wife looked to be interested in starting and prolonging criminal proceedings as a means of harassing the applicant in-laws. The Nagpur Bench of the Bombay High Court decided that a man entering into a second marriage after divorce does not constitute cruelty or an act of domestic violence against his ex-wife under the Domestic Violence Act, quashing the ex-proceedings. wife's The claim that second marriage is domestic violence cannot be recognised, according to Justice Manish Pitale, and such a petition is a "abuse of legal procedure." When the husband and wife were having marital difficulties, the husband filed for divorce on the grounds of cruelty. On the grounds that the wife had really committed cruelty, the Nagpur Family Court approved the divorce judgement. The ruling was affirmed all the way to the Supreme Court. In May 2016, the respondent wife filed a complaint with the Magistrate under the Protection of Women from Domestic Violence (DV) Act, seeking monthly maintenance, compensation, a residency order, and other monetary advantages. "Applicant No. 1 (spouse) had treated her with cruelty by executing a second marriage," she alleged. In response, the applicant in-laws filed a cross-plea seeking rejection of the application due to its tenability. When the magistrate denied the application, the petitioners filed an appeal with the High Court, asking for the proceedings to be quashed. The Court concluded that the chronology of events in this instance indicated that the wife attempted to utilise the DV Act provisions after the divorce decree procedures had reached finality in the Supreme Court. He also chastised the wife for keeping her ex-in-laws involved in a kind of litigation that did not appear to meet the DV Act's criteria. "In any event, the respondent (wife) looked to be interested in bringing and maintaining such actions as a means of harassing the applicants." The Court invalidated the order and the proceedings because the Magistrate failed to consider these reasons when making the order, stating that "continuance of further proceedings in such a situation would amount to condoning abuse of the process of law."
Tags : #Bombay High Court #Domestic Violence Act #Nagpur Bench #Justice Manish Pitale