Friday, September 29, 2017

Divorce decree by Singapore court does not negate Domestic Violence Case

The couple has taken divorce by a Singapore sharia court on a plea filed by the husband, the domestic violence case filed by the wife in India was still maintainable.
The husband who was based in Singapore was directed to pay INR 2.40 lakhs monthly maintenance to his minor son and divorced wife.
In the opinion of the court, the husband cannot shy away from his obligations to maintain his estranged wife and their minor children, if she was not in a position to maintain herself and the children when the husband was “gainfully employed”. Deciding in the favour of the children, the court observed, “No order in relation to the maintenance of the minor children has been passed by the Singapore court and it is the obligation of the husband to maintain them as a complainant is currently unemployed.”
The wife has filed a complaint through her counsel Prabhjit Jauhar alleging that she was subjected to domestic violence while she was residing with her husband. She alleged that she was forced to leave Singapore on August 28, 2013 after which she filed the present case on May 27, 2014.
Jauhar argued that court cannot escape “punishment” for domestic violence meted out to the wife just because divorce is granted. Hence, the wife and the children were entitled to compensation under Domestic Violence Act.

The husband claimed that the petition filed by the wife in an Indian court is infructuous and the Singaporean courts were competent to adjudicate the dispute.  
Metropolitan Magistrate Preeti Parewa refused to grant any interim maintenance sought by the wife noting that the alimony granted by the Singapore Court was sufficient to maintain her case.
The Court held that even when the divorce is granted, claim under domestic violence act is maintainable.
Article by Mr.K.P.Satish Kumar M.L. leading Domestic violence lawyer in Chennai
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