MOHD. ASHRAF KHAN Vs. NAJMA BANO

JUDGEMENT

(1.) This revision has been brought challenging the legality, propriety and correctness of the order passed by the Learned Fourth Additional Sessions Judge, Bilaspur in Criminal Appeal No.49 of 2017 by which the order passed by the Judicial Magistrate First Class, Bilaspur dated 29.9.2015 was set aside and reliefs were granted to the respondent under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act, 2005).

(2.) It is submitted by counsel for the applicant that the applicant got divorced with the respondent on 13.1.2009. The application under Section 12 of the DV Act, 2005 was filed by the respondent on 18.12.2012 and the learned JMFC passed the order dated 29.9.2015 rejecting the said application. The appeal filed by the respondent under Section 29 of the DV Act, 2005 has been erroneously allowed by the Appellate Court. It is further submitted by the applicant that the respondent being a divorcee did not have any locus standi to file the application under Section 12 of the DV Act, 2005. As the relationship between them has come to an end on 13.1.2009 and the respondent had started living separately; the respondent is no longer a member of the family and that being so she cannot claim the reliefs and protection under the provisions of DV Act, 2005. The applicant was also prosecuted by the respondent for the commission of offence under Section 498A of the IPC and in the said case bearing No. 274 of 2008 decided on 17.10.2012, the applicant was acquitted of the charge. The applicant has deposited the amount in Sunni Muslim Jamat, Korba area. The receipt of the same is filed as Annexure-P/3 and the decision of the Jamat is filed as Annexure-P/4.

(3.) Relying on the judgment of Nagpur High Court in the case of Smt. Sadhana vs. Hemant in Criminal Revision Application (REVN) No.121 of 2018 decided on 18.4.2019 by a Single Bench, it is also submitted that after the severance of matrimonial relationship between the parties, the complaint under the DV Act, 2005 would not be maintainable. There has to be a domestic relationship between the parties covered under the definition in DV Act, 2005. The respondent is already receiving maintenance under Section 125 of Cr.P.C. Therefore, it is a case in which there is no incidence of domestic violence with the respondent on the date she has filed the application under Section 12 of the DV Act, 2005. Reliance has also been placed on the judgment of Delhi High Court in the case of Harbans Lal Malik vs. Payal Malik in Criminal Revision Petition No.253 of 2010 dated 29.7.2010 and also on the judgment of Punjab and Haryana High Court in the case of Amit Agarwal and others vs. Sanjay Aggarwal and others in Criminal Misc. No. M-36736 of 2014 decided on 31.5.2016 wherein, it has been held that after the domestic relationship has come to an end, the application under Section 12 of the DV Act, 2005 shall not be maintainable.