Judicial separation from husband will not come in the way of an aggrieved wife to reclaim her stridhan given during marriage under the Domestic Violence Act, held a recent Supreme Court judgement.
It was a legal vacuum that the court decided to settle after it noted that High Courts were not allowing women “judicially separated” from husband to approach courts under the Protection of Women from Domestic Violence Act 2005 for getting back stridhan from the matrimonial home. Under this Act, a wife can allege ‘economic abuse’ as a ground for maintaining her petition against her husband and in-laws, who refuse to return the dowry items.
Reviving hopes for women who found themselves in a helpless state, the court distinguished an order of judicial separation from a decree of divorce. In divorce where the status of wife ceases, in a judicial separation, the bench of Justices Dipak Misra and PC Pant explained that the status of husband and wife remains the same although they do not cohabit.
The case before the court was filed by one Krishna Bhatacharjee, who had lost before the lower court and Tripura High Court, which held that she was not an “aggrieved person” fit to seek remedy under Section 12 of the 2005 Act due to a pending judicial separation order. The woman married her
husband on November 27, 2005 and the order of judicial separation was issued on May 22, 2010.
The apex court set aside the High Court verdict and pleaded the courts below to be “sensitive” in its approach while dealing with legislations aimed for the benefit of women in distress. The court passed this order as the high court had even held the petition of the lady to be barred by limitation as she approached court at a belated stage.
The Bench said, “We are of the considered opinion that as long as the status of the aggrieved person remains
and stridhan remains in the custody of the husband, the wife can always put forth her claim under Section 12 of the 2005 Act.”