Bharati Naik v Ravi Ramnath Halarnak, MANU/MH/2048/2010

The husband and wife were divorced but the wife stayed in the matrimonial house itself after that. It was after she was forcefully driven out of the matrimonial house that she filed an application under section 12 of the DV Act against the husband seeking residential orders. The husband filed a petition for discharge. The magistrate allowed the wife’s application stating that there was a past relationship and discharged the husband’s petition. Aggrieved, the husband filed an appeal in the sessions court where the part of the order rejecting the husband’s petition was stayed. Thereafter the wife filed an appeal in the High Court. Upholding the magistrate’s order, the Bombay High Court held that though whether the wife is entitled to protection or not in a given fact situation would be for the concerned court to decide even a divorced wife is entitled to invoke the provisions of the DV Act.

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