JUVERIA ABDUL MAJID PATNI versus ATIF IQBAL MANSOORI AND ANR.

Citation: [2014] 10 S.C.R. 479 · Decided: 18-09-2014 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2014] 10 S.C.R. 479 
JUVERIA ABDUL MAJID PATNI 
v. 
ATIF IQBAL MANSOORI AND ANR. 
(Criminal Appeal No. 2069 of 2014) 
SEPTEMBER 18, 2014. 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
S.A. BOBDE, JJ.] 
PROTECTION OF WOMEN FROM DOMESTIC 
A 
B 
VIOLENCE ACT, 2005: 
C 
ss.2 (a) and (f) - Expressions 'aggrieved person', and 
'domestic relationship' - Explained. 
s. 12 rlw ss. 18 to 23 -
Monetary relief to 'person 
aggrieved'(wife) -
An act of domestic violence once D 
committed, subsequent decree of divorce will not absolve the 
liability of the respondent from the offence committed or to 
deny the benefit to which the aggrieved person is entitled 
under the Domestic Violence Act -
Even if it is accepted that 
the appellant during the pendency of SLP has obtained ex 
E 
parte Khu/a (divorce) under Muslim Personal Law from the 
Mufti, the petition u/s12 of the Domestic Violence Act, 2005 
is maintainable. 
MOHAMMEDAN LAW: 
F 
'Khu/a' - Explained. 
Allowing the appeal, the Court 
HELD: 1.1. Section 2(a) of the Domestic Violence Act, 
G 
2005, makes it clear that apart from the woman who is in 
a domestic relationship, any woman who has been, in a 
domestic relationship with the respondent, if alleges to 
have been subjected to act of domestic violence by the 
479 
H 
480 
SUPREME COURT REPORTS 
[2014] 10 S.C.R. 
A respondent comes within the meaning of "aggrieved 
person". Section 2(f) defines domestic relationship, 
according to which a person aggrieved (wife), who at any 
point of time has lived together with husband in a shared 
household, is also covered by the meaning of "domestic 
B relationship." In view of s.2(s) of the Act, if the 'person 
aggrieved' (wife) at any stage has lived in a domestic 
relationship with the respondent (husband) in a house, 
the person aggrieved can claim a "shared household". 
[para 20] [494-A, B, E; 495-D] 
c 
1.2. The Monetary relief as stipulated u/s 20 of 2005 
Act is different from maintenance, which can be in 
addition to an order of maintenance u/s 125 of the Cr.P.C. 
or any other law. Such monetary relief can be granted to 
meet the expenses incurred and losses suffered by the 
D aggrieved person and child of the aggrieved person as 
a result of the domestic violence, which is not dependent 
on the question whether the aggrieved person, on the 
date of filing of the application u/s 12 is in a domestic 
relationship with the respondent. [para 24] [501-B-C] 
E 
1.3. In view of ss.22 and 23, it is well within the 
jurisdiction of the Magistrate to grant the interim ex parte 
relief as he deems just and proper, if the Magistrate is 
satisfied that the application prima facie discloses that the 
respondent is committing, or has committed an act of 
F domestic violence or that there is a likelihood that the 
respondent may commit an act of domestic violence. 
Relief available u/ss 18, 19, 20, 21 and 22 may also be 
sought for in any legal proceeding even before a Civil 
Court and Family Court, apart from the Criminal Court, 
G affecting the aggrieved person whether such proceeding 
was initiated before or after commencement of the 
Domestic Violence Act. Even before the Criminal Court 
where the case u/s 498A is pending, if allegation is found 
genuine, it is always open to the appellant to ask for 
H 
JUVERIA ABDUL MAJID PATNI v. ATIF IQBAL 
481 
MANSOORI 
reliefs u/ss 18 to 22 of the Domestic Violence Act and 
A 
interim relief u/s 23 of the said Act. [paras 25, 26, 27] [502-
A-D; 503-A-B] 
V.D. Bhanot vs. Savita Bhanot 2012 (1) SCR 867 = 
(2012) 3 sec 183 - relied on. 
/nderjit Singh Grewal vs. State of Punjab and another 
2011 (1 O) scR 557 = c2011) 12 sec 588 -
held 
inapplicable. 
B 
1.4. The 'Khula' is a mode of divorce which proceeds 
from the wife, the husband cannot refuse subject only to 
C 
reasonable negotiation with regard to what the wife has 
offered to give him in return. The Mufti gives his fatwa or 
advisory decision based on the Shariat of his school. 
However, if the matter is carried to the point of litigation 
and cannot be settled privately then the Qazi(Judge) is 
D 
required to deliver a qaza (judgment) based upon the 
Shariat. In the instant case, the husband, 1st respondent 
has not accepted 'Khula' given by Mufti which is in the 
form of fatwa or advisory decision based on the Shariat. 
He, however, has not moved before the Qazi (Judge) to 
deliver a qaza (judgment) based upon the Shariat. 
Instead, he has moved before the Family Court, against 
the 'Khula' by filing 

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