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Supreme Court Of India

Hon'ble Judge(s): Sudhansu Jyoti Mukhopadhaya, S. A. Bobde , JJ

(A) Predication of Women from Domestic Violence Act (43 of 2005) , S.12— Reliefs under - Erstwhile-wife can claim one or other relief as prescribed under Ss 18, 19, 20, 21, 22 and interim relief under S23 of D V Act, 2005, if domestic violence had taken place when wife lived together in shared household with her husband through relationship in nature of marriage - An act of domestic violence once committed, subsequent decree of divorce will not absolve liability of husband from offence committed. (Para 31) (B) Protection of Women From Domestic Violence Act (43 of 2005) , S.3— "Domestic violence" - Apart from 'physical abuse' and 'sexual abuse', 'verbal and emotional abuse' and 'economic abuse' also constitute 'domestic violence'. (Para 20.4) (C) Protection of Women From Domestic Violence Act (43 of 2005) , S.26— Relief in other suits and legal proceedings - Case under S.498A IPC is pending before criminal court against husband - Open to wife to ask for reliefs under Ss.18 to 22 of Domestic Violence Act and Interim relief under S.23 of said Act. (Para 27) ....