Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]

Madras High Court has recently held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.

Justice PN Prakash was hearing a petition filed by husband and his parents to quash the proceedings under Domestic Violence Act filed by wife.

The petitioners submitted that wife of third respondent is visually challenged and the same was suppressed and the marriage was performed. In this connection, husband has also initiated divorce proceedings against wife and aggrieved by which, wife has launched the proceedings under DV Act as a counter-blast.

After considering the rival contentions, Justice Prakash held that under Section 36 of the Protection of Women from Domestic Violence Act, 2005, the proceedings of the Act shall not be in derogation to the provisions of any other law.

Therefore, just because the husband has initiated divorce proceedings, the proceedings under DV Act cannot be quashed, when there are prima facie materials as against the petitioners.

“The fact remains that wife is visually challenged and she is before the Trial Court pleading economic assistance for her maintenance. Under such circumstances, this is not a fit case to interfere under Section 482 of the Code of Criminal Procedure, when there is a disputed question of fact”, said the Court.

Read the Judgment here.