Nagpur: The Nagpur Bench of the Bombay High Court has recently endured that 'the second marriage of a husband cannot be a case of domestic violence against a divorced wife.' In fact, recently Justice Manish Pitale said, "Merely because the husband marries another, it cannot come under the definition of Protection of Women from Domestic Violence (DV) Act, 2005." In fact, while accepting the plea of ​​Jalgaon-based husband, his parents, and sister, the judge recently said, "The first wife could have claimed that she and the husband had internal relations at one point of time."
At the same time, the judge also said, "But after the divorce proceedings are finalized and the judgments against him are presented, the said fact in itself will not be sufficient to initiate proceedings under the DV Act." Meanwhile, condemning the Akola resident wife for harassing her in-laws, Judge Pitale said, "The manner in which the proceedings were initiated under the DV Act was an "abuse of the process of law." There was nothing other than that.''
At the same time, he added that "the wife could not have been allowed to put the husband and the in-laws on trial in such a manner when the requirements of the DV Act were not met. The chronology of the events indicates that she divorced. After the finalization of the matter in the Supreme Court, the provisions of the Act are sought to be implemented."
During this, the judge also said, "She was interested in initiating and continuing such proceedings against the in-laws as a tool of harassment. All the prayers relating to monthly maintenance, compensation, and other benefits came in the background of such allegations. which are nothing but the arguments raised in the first round of litigation.'' During this, Justice Pitale also observed that "as far as the husband's second marriage after divorce is concerned, the contention of the wife that it is domestic violence cannot be accepted. Section 3 of the DV Act 'Domestic Violence.' define in detail.''
What's the matter- The couple was married on March 13, 2011, but soon after, there was a rift between the two. During this, the husband filed a divorce case against the wife on the ground of cruelty, which was allowed by the Akola Family Court on September 16, 2014. While the wife challenged it in the High Court but it was rejected on 10 August 2015. After that, the Supreme Court rejected it on 15 February 2016. During this, the husband got married for the second time and the first wife filed a case under the DV Act against him and her in-laws in the Akola court.
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