Nityananda Das v State of West Bengal, MANU/WB/0454/2011
The wife filed an application under section 12 of the DV Act. The magistrate directed the husband to restrain from committing any act of domestic violence upon the wife and from alienating any assets of the Petitioner including the articles which were given to her at the time of marriage. The Respondent has been further directed to pay a sum of Rs.4,000/-p.m. for the wife and children. Further, the husband has been restrained from alienating or disposing of the shared household. Aggrieved, the husband filed an appeal in the sessions court where it was dismissed. Thereafter he filed an appeal in the High Court. Dismissing the appeal, the Calcutta High Court held that the magistrate recorded in the order that the husband was trying to drag this case on various pretexts and enough opportunity was given to the husband for filing written objection, if any, against the interim prayer of the wife, but, in spite of the same, husband failed to file the written objection. Upon perusal of the application and the report of the Protection Officer the order was passed and that there is no reason to interfere at this stage.
Juveria Abdul Majid Patni v Atif Iqbal Mansoori, MANU/SC/0861/2014
The wife was subjected to physical abuse and cruelty by her husband. She was not allowed to enter the matrimonial home, so she stayed with her parents. She then filed an application u/s 12 of the DV Act seeking maintenance. The magistrate directed the husband to pay an amount of Rs.25,000/-p.m. to the wife as interim maintenance. The husband filed an appeal in the sessions court and contended that since they were divorced, there was no domestic relationship which was upheld. Aggrieved, the wife filed an appeal in the Bombay High Court which dismissed her appeal. Thereafter she approached the Supreme Court.
Upholding the magistrate’s order, the Supreme Court held that an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability from the offence committed or deny the benefit to which the aggrieved person is entitled to under the Act.