D.BALU Vs. P.JOTHILAKSHMI

JUDGEMENT

(1.) This referral has been made by the learned Single Judge in the above said Civil Revision Petition, as to whether a 'divorced woman can maintain a complaint under the provisions of the Protection of Women from Domestic Violence Act, 2005'. The learned Single Judge framed the following Question of Law for reference:-

(2.) Heard Mr.AN.Ramanathan, learned counsel appearing for the petitioners and Mr.S.I.Muthiah, learned counsel appearing for the respondent. This Court through order dtd. 5/11/2025 appointed Mr.B.Vijay as Amicus Curiae to assist this Court and this Court elaborately heard Mr.B.Vijay, Amicus Curiae.

(3.) The Learned Single Judge while dealing with the Revision Petition arising out of the domestic violence case, in D.V.C.No.3 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Srivilliputhur, referred the Judgment of this Court reported in (2008) 1 MLJ (Crl) 984 [V.Pounraj and Others Vs. Packia Lakshmi @ veni] wherein the learned Single Judge of this Court held that the marriage between the respondent and the first petitioner has already been dissolved, therefore, the respondent is not having the status of the wife of the first petitioner. Since the respondent is not having the status of the wife of the first petitioner, she cannot invoke the provisions of the Protection of Women from Domestic Violence Act, 2005 [For brevity and convenience, hereinafter referred to as Act] and also referred the Judgment of this Court in Pramu & Others Vs. Saraswathi @ Mari reported in CDJ 2024 MHC 2466, wherein this Court held that "once the domestic relationship came to an end after the decree of divorce, the complaint under Domestic Violence Act could not have proceeded further.