Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce
The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established.It set aside the order of Sessions Court partly allowing the appeal filed by the wife by awarding compensation in a sum of Rs.4,00,000 to her on ground that she is unable to maintain herself. The bench...
The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established.
It set aside the order of Sessions Court partly allowing the appeal filed by the wife by awarding compensation in a sum of Rs.4,00,000 to her on ground that she is unable to maintain herself.
The bench said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if Domestic Violence is proved and in fact, in the instant case, after getting converted into Christianity the revision petitioner/wife has lost all the rights vested in her. Under these circumstances, the Appellate Court has committed an error in awarding compensation and the compensation awarded that tune of Rs.4,00,000/- which has resulted in miscarriage of justice.”
The bench also noted that the wife had admittedly converted her religion, automatically leading to dissolution of marriage though there was no divorce.
"...When she gets converted into Christianity all the rights vested in her, stand nullified. Though there is no divorce between the parties, but, in view of conversion of the wife to Christianity, it would disclose that the marriage stands dissolved. Besides, there is no specific declaration passed in this regard by any competent Court of Law. However, it is admitted fact wife is converted to Christianity.”
The husband had appeared before the trial court in the application filed by the wife under section 12 of the Act. He had specifically denied the allegations and asserted that the respondent/wife herself has left his company and because of her negligence, the 2nd child died and further subsequently, she got converted into Christianity and tried to convert the female child also into Christianity. Moreover, he is suffering from a paralytic stroke and unable to maintain himself and sought for dismissal of the petition.
The trial court held that the petitioner/wife failed to establish that the respondent/husband has committed Domestic Violence and further observed that she is not entitled for any monetary benefits as defined as under Section 18 to 22 of the Domestic Violence Act and dismissed the petition.
In an appeal filed before the sessions court by the wife, the court had denied the maintenance and confirmed that there is no Domestic Violence proved against the respondent. However, compensation was ordered to be paid finding the wife is unable to maintain herself.
The bench noted that both the Courts have concurrently held that there is no Domestic Violence committed against the wife. This finding is not challenged by the wife.
Accordingly it allowed the petition and set aside the order of the sessions court and restored the order of the trial court.
Appearance: Prasad B S for Petitioner.
Advocate Shaiju Kumar for Respondent
Citation: 2023 LiveLaw (Kar) 417
Case Title: Ramesh B S AND Navaneetha
Case No: CRIMINAL REVISION PETITION NO.1326 OF 2015