Prakash Nagardas Dubal-Shah v Meena Prakash Dubal-Shah, MANU/SC/0447/2016
The husband had filed a petition for divorce in the family court and simultaneously the wife filed an application under section 12 of the DV Act seeking monetary relief. The magistrate directed the husband to pay an amount of Rs.5,000/- p.m. to the wife and the daughter and Rs.4,000/-p.m. for their minor son. The husband’s petition for divorce was dismissed. Aggrieved, the husband filed an appeal in the sessions court which held that as the husband had initiated divorce proceedings before the enactment of the DV Act, hence the Act can not be invoked by the wife to claim reliefs.
Thereafter, the wife filed an appeal in the High Court. Setting aside the order of the sessions court, the High Court held that since the divorce was unsuccessful, there was no reason to deny her the remedies under the DV Act. Thereafter, the husband filed an appeal in the Supreme Court. Dismissing the appeal, the Supreme Court held that even if the divorce was granted, the wife’s rights were not affected because women in past domestic relationships were clearly entitled to relief under the DV Act.
Parties to Proceedings