Mumbai: Ration, Aadhar cards help woman get maintenance in divorce case 

Mumbai: In a domestic violence case filed by a woman, a sessions court has junked the contention of her 61-year-old husband that there was no domestic relationship between them. The court observed that the woman’s name appears in the ration card of the man’s family and that his name appears in her Aadhar card as her husband.

The woman, now 45 years old, had secured a customary divorce from her first husband and had then lived with the man for 14 years. He, now a widower, had married her under special circumstances in 2004. He had promised through a written agreement to look after her daughter from the previous marriage.

In her complaint, she had said that he and his family had subjected her to domestic violence. A Kurla magistrate court had passed an interim order in her favour for protection from abuse and directed him to pay her an interim monthly maintenance of Rs11,000 and Rs20,000 as interim compensation.

The man had moved the sessions court against the order and claimed that there was no domestic relationship between them and hence no relief can be claimed under the Protection of Women from Domestic Violence Act. He contended that her first marriage was still in existence and that she had not divorced the first husband. 

The sessions court said in its order of Dec 10 that the trial court had rightly considered the prima facie facts of their names appearing in ration and Aadhar cards. Additional Sessions Judge Vishal S Gaike said that admittedly they resided under one roof for 14 years and the woman had taken customary divorce from her first husband. It further said that admittedly she never suppressed her first marriage from him.

The sessions court said the trial court also rightly considered the agreement between them before marriage wherein he had agreed to accept her and her daughter. Judge Gaike said that now he cannot contend that there was no domestic relationship. 

Published on: Wednesday, December 28, 2022, 04:10 AM IST