A single judge of Bombay High Court held as follows,
From Paras 8 and 9,
8. In order to seek relief under D.V. Act, the aggrieved person has to prove or prima facie show that there was domestic violence. That compelled him or her to seek relief under the said Act. Domestic violence is sine-qua-non for considering the application under the D.V. Act. In this case, the wife has been residing separately since 2005 from her husband. She never claimed maintenance under either the law or by her own petition. She is getting the interim maintenance of Rs.1,000/- in the divorce petition filed by the husband. It is yet not concluded.
9. Perusal of the order passed by the learned Judicial Magistrate, this Court is of the view that it is well-reasoned order and with correct findings that the respondent/wife failed to prove the domestic violence. However, the learned Additional Sessions Judge appears to have not correctly examined the record, considered the rule of appreciating the evidence, and mechanically passed the impugned order. The impugned order is illegal, improper and
incorrect, and therefore, it is liable to be set aside.
Murlidhar Vs Sangita on 09 Mar 2023
Index of DV cases is here.
Shades of Knife
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