Rights of Divorced Wife

Sr. Title Citation Question involved Held

No.
1 Krishna 2016 (1) Rights of Divorced Wife Wife does not cease to be
Bhatacharjee RCR (Crl) ‘aggrieved person’ because of
Vs 152 decree of judicial separation. Once
Sarthi (SC) decree of divorced status of
Chaudhary parties becomes different but that
and others is not so when there is a decree of
judicial separation. There is a
distinction between decree for
divorce and decree of judicial
separation. In the formal there is
severance of status and parties do
not remain as husband and wife.
Whereas in the later, the
relationship between husband
and wife continues and has not
snapped.
2 Parkash Crl. Appeal Rights of Divorced Wife Held – an unsuccessful divorce
Nagardas No 320 of proceeding filed by the wife does
Dubal Shaha 2016 not adversely affect her right to
Vs DOD claim reliefs under the DV Act.
Sou. Meena 22.04.16 Though wife filed divorce, which
Prakash (SC) was rejected, she continues to be
Dubal Shah the legally wedded wife and her
and ors. application under DV Act remains
maintainable.
3 Inderjit Singh 2011 (4) Rights of Divorced Wife Landmark Judgment. Where a
Garewal RCR (Crl) 1 decree of divorce dissolving the
Vs (SC) marriage by way of mutual
St. of Punjab consent has been passed by a
competent court, complaint under
DV Act is not maintainable till
decree of divorce subsists.
Domestic relationship ceases on
divorce.
4 Harbans Lal 2010 (7) Rights of Divorced Wife Domestic relationship between
Malik RCR (Crl) aggrieved person and respondent
Vs 1397 must be present and alive at the
Payal Malik (SC) time of filing complaint. So as to
entitle wife for reliefs.
5 JUVERIA 2014 (4) Rights of Divorced Wife  Held – an act of domestic
ABDUL RCR (Civil) violence once committed,
MAJID PATNI 570; subsequent decree of divorce
 Vs. ATIF Law Finder will not absolve the liability of
IQBAL Id # 624870 the respondent from the
MANSOORI (SC) offence committed or to deny
benefit to which the AP is
entitled under the DV Act
including monitory relief u/s
20, Child Custody u/s 21,
Compensation u/s 22 and
Interim Relief u/s 23 of the
Act.
6 Hema Rawal 2015 (2) Rights of Divorced Wife Where wife has challenged ex-
Vs RCR (Crl) parte decree of divorce, means
Prashant 195 that divorce decree has not
Sharma (P&H) become final. Until and unless
decree of divorce becomes final,
wife falls under the scope of
‘aggrieved person’ as matrimonial
relationship is alive and
sustaining. Such wife is entitled to
reliefs under DV Act.
7 Abhishek Crl. Misc. Rights of Divorced Wife DR between AP and respondent
Sharma No.M-29910 must be present and alive at the
Vs of 2014, time when complaint under DV
Shweta DOD Act is filed. If this relationship is
Sharma 24.04.15 not alive on the date when
(P&H) complaint is made, DR cannot be
said to be there.