Once Marriage Stands Validly Dissolved By Foreign Court, Proceedings Under Domestic Violence Act Cannot Be Initiated : J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that once a marriage stands validly dissolved by a competent foreign court, the "domestic relationship" between the parties as husband and wife, which is necessary to invoke the provisions of the Domestic Violence Act, also ceases. After shifting to Germany, the relationship between the complainant and petitioner had become hostile. After hearing both the parties and perusing the evidence led by them, the foreign court allowed the divorce petition in July 2017. Interpreting Section 2(f) of the Domestic Violence Act which defines 'domestic relationship', the bench explained that in the instant case there is no domestic relationship existing between the parties and when the domestic relationship is not existing between the parties the provisions of the Domestic Violence Act cannot be invoked. The bench added that the allegations made in the complaint would not constitute commission of any offence under the provisions of Domestic Violence, Act as the requirement existence of domestic relationship is not met.
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