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1 - 7 of 7 (0.19 seconds)Priya vs Shibu on 16 June, 2008
The contention that the
divorced wife cannot seek relief under the Act was repelled by the
Hon'ble Apex Court in Priya v. Shibu2 and in Juveria Abdul Majid
Patni case (1 supra). The learned Judge observed that though it is a
paradox to permit the divorced woman to invoke the provisions of the
Act, instances where need arise would not be rare, especially relating
to obligations arising from the past matrimonial relationship like
maintenance, custody of children, liability to return amounts or assets
received from the wife, operation of bank accounts and personal
safety of wife and children born in the wedlock.
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Juveria Abdul Majid Patni vs Atif Iqbal Mansoori on 18 September, 2014
12. Thus, in the above case, it was held that the divorced wife
is also entitled to seek remedies under the Act. As the obligation of
1
2014 (10) SCC 736
2
2008 (3) KHC 125
Dr.GRR,J
8 CrlRC.No.3348 of 2017
the petitioners arising under the past relationship to look after the
maintenance of the children and to provide protection to the aggrieved
woman and return of amounts or articles received would continue
even after divorce, I do not find any merits in the contention of the
petitioners that divorce puts an end to the relationship between the 1st
petitioner and the 2nd respondent and the obligation to maintain his
wife and children.
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
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